Dane County Judge says OCR did not fully explain decision
A Judge has asked the Office of the Commissioner of Rail Roads to reexamine his ruling to close crossings at Livingston and Brearly Streets.
Dane County Circuit Court Judge Maryann Sumi has remanded the City of Madison’s appeal of the closing of two rail road crossings at Livingston and Brearly Streets. State Commissioner of Railroads Jeff Plale had ruled last year that the two crossings should close to address safety concerns. The City contended that there hadn’t been an accident in 40 years and the closures would substantially inhibit traffic flow on the Near East Side
In an email to various City officials City Attorney Steven Brist wrote that Judge Sumi asked the commissioner to re-examine his decision, and added some instructions. The commissioner is to fully explain his reasoning to increase the number of street closures to two, from the one recommended by a hearing examiner in February 2012.
