STATE EX REL. KNUDSEN v. BOARD OF EDUCATION

No. 267.

43 Wis.2d 58 (1969)

168 N.W.2d 295

STATE EX REL. KNUDSEN, Respondent, v. BOARD OF EDUCATION, ELMBROOK SCHOOLS, JOINT COMMON SCHOOL DISTRICT No. 21, Appellant.

Supreme Court of Wisconsin.

Decided June 3, 1969.


Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by H. J. Sanville of Milwaukee.

For the respondent there was a brief by Pfannerstill, Camp & Tyson of Wauwatosa, and oral argument by Richard F. Tyson.


HEFFERNAN, J.

The trial court concluded that the duties of the school board under the statutes were absolute and, hence, their function was not discretionary but ministerial. On this basis he issued the writ of mandamus. In reaching this conclusion it appears that the trial judge failed to give due significance to the portion of the statute which we consider to be controlling.

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