SCHOOL DIST. OF STOCKBRIDGE v. EVERS

No. 2010AP829-AC.

792 N.W.2d 615 (2010)

2010 WI App 144

SCHOOL DISTRICT OF STOCKBRIDGE, Petitioner-Appellant, v. Anthony S. EVERS, State Superintendent, State of Wisconsin, Respondent-Respondent, Joseph Vandaalwyk, Cindy Vandaalwyk, Brian Fucile, Amy Fucile, Roger Hildreth, Tracee Hildreth, Joy Jeffers, Lisa Jodar, Aaron Juhl, Stacy Juhl and Aaron Karls, Involuntary-Respondents-Respondents.

Court of Appeals of Wisconsin.

Opinion Filed September 29, 2010.


Attorney(s) appearing for the Case

On behalf of the petitioner-appellant, the cause was submitted on the briefs of John E. Thiel of John E. Thiel Law Office, LLC, Appleton.

On behalf of the respondent-respondent, the cause was submitted on the brief of Bruce A. Olsen , assistant attorney general, and J.B. Van Hollen , attorney general.

A nonparty brief was filed by Thomas N. Shorter , Anthony J. Gaughan , and Bryan J. Cahill of Godfrey & Kahn, S.C. of Madison, for School District of Albany.

Before BROWN, C.J., NEUBAUER, P.J., and ANDERSON, J.


NEUBAUER, P.J.

¶ 1 WISCONSIN STAT. § 118.51(2) (2007-08)1 permits a student to attend a public school in a nonresident school district, or "open enroll" in that district, under § 118.51. The narrow issue presented on appeal is whether a resident school district may limit the number of student transfers to nonresident school districts under § 118.51(6) or, in the alternative, limit the number of transfers via an exercise...

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