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RACINE v. UNIFIED SCHOOL DIST.

24 Wis.2d 521 (1964)

CITY OF RACINE, Respondent, v. UNIFIED SCHOOL DISTRICT No. 1 OF CITY OF RACINE, VILLAGE OF STURTEVANT, VILLAGE OF NORTH BAY, VILLAGE OF WIND POINT, VILLAGE OF ELMWOOD PARK, TOWN OF CALEDONIA, and TOWN OF MT. PLEASANT, Appellant.

Supreme Court of Wisconsin.

June 30, 1964.

Attorney(s) appearing for the Case

For the appellant there were briefs by La France, Thompson, Greenquist, Evans & Dye of Racine, and oral argument by Kenneth L. Greenquist.

For the respondent there was a brief and oral argument by Jack Harvey, city attorney.

GORDON, J.

On the surface, the question is who is entitled to the tuition money. The underlying question is whether "school property" in sec. 40.807 (4a) (b), Stats., refers to all the assets which are more fully delineated in par. (a) thereof. The theory of the plaintiff is that during the 1960-1961 school year the schools in the city were merely an arm of the city government and that tuition fees earned during this period constituted revenues which belong to the...

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