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UNION FREE H. S. DIST. v. JOINT SCHOOL DIST.

17 Wis.2d 409 (1962)

UNION FREE HIGH SCHOOL DISTRICT No. 1 OF TOWN OF IRON RIVER, Respondent, v. JOINT SCHOOL DISTRICT No. 1 OF TOWN OF MAPLE, ETC., Appellant.

Supreme Court of Wisconsin.

October 2, 1962.

Attorney(s) appearing for the Case

For the appellant there was a brief by Borg, McGill & Moodie of Superior, and oral argument by Douglas S. Moodie.

For the respondent there was a brief by Crawford, Crawford & Cirilli, and oral argument by James C. McKay, all of Superior.

A brief amicus curiae was filed by John W. Reynolds, attorney general, and Harold H. Persons, assistant attorney general, on behalf of the state superintendent of public instruction.

GORDON, J.

Upon the demurrer to the complaint, the trial judge declared the law to be as follows: A school district may not admit to its high school those pupils who reside within another school district which operates a high school.

The trial judge determined that sec. 40.91 (1), Stats., means that "a high-school district has no right to admit pupils who come from another high-school district or school district which is maintaining a high school." We reach...

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