6-3000-14297-2

STATE OF MINNESOTA

OFFICE OF ADMINISTRATIVE HEARINGS

FOR THE MINNESOTA DEPARTMENT OF TRANSPORTATION

In the Matter of the Petition of the City of Rogers for the Establishment of a New Public Grade Crossing Over the Burlington Northern Santa Fe Railway Tracks at Industrial Boulevard in the City of Rogers, Minnesota Pursuant to Minn. Stat. § 219.072

In the Matter of the Petition of the Burlington Northern Santa Fe Railway Company Pursuant to Minn. Stat. § 219.074 for the Vacation of the Hynes Road Crossing (USDOT No. 095660Y) in the City of Rogers, Minnesota, or in the Alternative, for the Consolidation of the Hynes Road Crossing With a Proposed Industrial Boulevard Crossing

In the Matter of the Complaint of the Burlington Northern Santa Fe Railway Company Pursuant to Minn. Stat. § 219.39 With Respect to the Hynes Road Crossing (USDOT No. 095660Y) in the City of Rogers, Minnesota

RECOMMENDATION OF DISMISSING MATTER WITHOUT PREJUDICE

The above-captioned matter is pending before Administrative Law Judge Allan W. Klein pursuant to a Notice of and Order for Hearing dated May 1, 2001, and the consolidation of another complaint by order of the ALJ on December 20, 2001.

Glenn Olander-Quamme, Attorney at Law, Spence, Ricke, Sweeney & Gernes, Suite 600, Degree of Honor Building, 325 Cedar Street, St. Paul, Minnesota 55101, represents the Burlington Northern Santa Fe Railway Company (BNSF). Robert J. Miller, Attorney at Law, Miller Law Firm P.A., 4900 Highway 169 North, New Hope, MN 55428, represents the City of Rogers (City).

On November 3, 2004, BNSF filed a stipulation between the City and BNSF that this matter be Dismissed Without Prejudice.

Based upon all the files and proceedings herein, the Administrative Law Judge makes the following:

RECOMMENDATION

That this matter be DISMISSED WITHOUT PREJUDICE.

Dated this

4^th

day of

November

2004.

S/ Allan W. Klein

ALLAN W. KLEIN

Administrative Law Judge