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Court denies Silha appeal

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Gazette staff
October 30, 2008

A Wisconsin appeals court ruled this morning in favor of the city of Janesville. The court denied an appeal by Frank Silha & Sons against a city citation.


In April 2007, Janesville police cited Silha & Sons for violating weight limits on city streets. Silha trucks were driving north on Tracy Road to Tripp Road and then traveling east on Tripp Road to Afton Road, also known as County D, which is a designated truck route.


But the last one-quarter mile of Tripp Road before it intersects with Afton Road is located within Janesville city limits and is not designated a through arterial street by Janesville city ordinance. The ordinance prohibits vehicles with a gross weight rating in excess of 16,000 pounds from operating on any street or highway in Janesville unless the street is designated as an arterial street. Trucks weighing between 16,000 and 30,000 pounds are allowed to make pickups or deliveries on streets that are not arterial if the truck leaves and returns to the arterial street at a point closest to its destination.


Silha denied the violation and moved for declaratory judgment, arguing its drivers must use Tripp Road in order to access Afton Road, according to court documents. Janesville moved for summary judgment, and, after a hearing, the court upheld Janesville’s motion and denied Silha’s motion.


Silha appealed.



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