TANCK v. CLERK, MIDDLETON JT. SCHOOL DIST.

No. 452, No. 455.

60 Wis.2d 294 (1973)

210 N.W.2d 708

TANCK, Clerk, Town of Middleton, Appellant, v. CLERK, MIDDLETON JOINT SCHOOL DISTRICT No. 3, Respondent. TANCK, Individually, and as Clerk, Town of Middleton, Appellant, v. WIEGNER, Secretary, Department of Revenue, Respondent: CITY OF MIDDLETON, Intervening Defendant and Respondent.

Supreme Court of Wisconsin.

Argued June 6, 1973.

Decided October 2, 1973.


Attorney(s) appearing for the Case

For the appellant in Case No. 452 the cause was submitted on the brief of Walter H. Erbach and Voss, Nesson & Koberstein, all of Madison.

For the appellant in Case No. 455 there were briefs by Walter H. Erbach and Voss, Nesson & Koberstein, all of Madison, and oral argument by Robert C. Voss.

For the respondent in Case No. 452 the cause was submitted on the brief of James F. Clark, Ronald J. Kotnik and Ela, Christianson, Esch, Hart & Clark, all of Madison.

For the respondent in Case No. 455 the cause was argued by Allan P. Hubbard, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general.

For the intervening respondent in Case No. 455 there was a brief and oral argument by Warren D. Lucas of Madison.


Submitted under sec. (Rule) 251.54 June 6, 1973.

ROBERT W. HANSEN, J.

These two appeals in two separate mandamus actions are dealt with in a single opinion since both actions relate to a single fact situation, although different statutes are relied upon for the relief sought in each case.

Mandamus against department of revenue.

The trial court held that the remedy of mandamus was not available to compel the state department of revenue...

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