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WEST MILWAUKEE v. AREA BD. VOCATIONAL, T. & A. ED.

No. 413.

51 Wis.2d 356 (1971)

187 N.W.2d 387

VILLAGE OF WEST MILWAUKEE and another, Plaintiffs and Appellants: CITY OF ST. FRANCIS and others, Intervening Plaintiffs and Appellants, v. AREA BOARD OF VOCATIONAL, TECHNICAL AND ADULT EDUCATION (DISTRICT 9), Defendants and Respondents.

Supreme Court of Wisconsin.

Decided June 2, 1971.

Attorney(s) appearing for the Case

For the appellants there were briefs by Peregrine, Marcuvitz, Cameron, Braun & Peltin, attorneys, and Hugh R. Braun of counsel, all of Milwaukee, and oral argument by Hugh R. Braun.

For the respondent there was a brief by Quarles, Herriott, Clemons, Teschner & Noelke, attorneys, and James A. Urdan and Steven R. Duback of counsel, all of Milwaukee, and oral argument by Mr. Urdan.

Pursuant to sec. 269.56 (11), Stats., the cause was argued in support of the respondent by John William Calhoun, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general.

A brief amici curiae was filed by Goldberg, Previant & Uelmen of Milwaukee, for the Wisconsin State AFLCIO, Milwaukee Building and Construction Trades Council and Milwaukee County Labor Council.

WILKIE, J.

Before reaching the issues raised on the merits which go first to the constitutionality of sec. 38.155, Stats., and second to whether there was compliance with the requirements of that section when the various corporate municipal appellants were added to District 9, we must consider the threshold questions raised by the respondent as to plaintiffs' standing to bring this action and to raise the constitutional issues.

1. Standing of plaintiffs...

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