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CLAPP v. JOINT SCHOOL DIST.

21 Wis.2d 473 (1963)

CLAPP and others, Appellants, v. JOINT SCHOOL DISTRICT No. 1 (Villages of Hammond and Roberts and Towns of Hammond, Pleasant Valley, Erin, Rush River, Warren, Richmond, and Kinnickinnic) and others, Respondents.

Supreme Court of Wisconsin.

November 26, 1963.

Attorney(s) appearing for the Case

For the appellants there was a brief by Doar & Knowles of New Richmond, and oral argument by W. P. Knowles.

For the respondents there was a brief by Gwin & Fetzner of Hudson, and oral argument by John W. Fetzner.

HALLOWS, J.

The first question is whether the statutory remedy provided by sec. 6.66, Stats., is the exclusive method of contesting a school-district bond referendum when more than a recount is sought. Relying on Roberts v. Madison (1947), 250 Wis. 317, 27 N.W.2d 233, the plaintiffs argue a taxpayer has a right to enjoin the misapplication of public funds and the issuance of school bonds pursuant to an illegal referendum authorizing the bond issue constitutes...

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