BUSÉ v. SMITH

No. 75-552.

74 Wis.2d 550 (1976)

247 N.W.2d 141

BUSE, and others, Petitioners, v. SMITH, and others, Respondents.

Supreme Court of Wisconsin.

Argued in response to June 11, 1976,

Order September 8, 1976.

Decided November 30, 1976.


Attorney(s) appearing for the Case

Argued: May 5, 1976.

For the petitioners there were briefs by L. C. Hammond, Jr., Michael J. Spector and Quarles & Brady, all of Milwaukee, and oral argument by Mr. Hammond and Mr. Spector.

For the respondents the cause was argued by John William Calhoun, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general and Allan P. Hubbard, assistant attorney general.

A brief amicus curiae was filed by James L. Greenwald, general counsel for Wisconsin Education Association Council, of Madison; Richard S. Kohn and David C. Long, Lawyers Committee for Civil Rights under Law, of Washington, D. C., for Wisconsin Education Association Council; League of Women Voters of Wisconsin and Wisconsin Secondary School Administrators Association, Inc.

Argued: September 8, 1976.

For the petitioners there was a reply brief in response to June 11, 1976, order by L. C. Hammond, Jr., Michael J. Spector and Quarles & Brady, all of Milwaukee, and oral argument by Mr. Hammond and Mr. Spector.

For the respondents the cause was argued by Allan P. Hubbard, assistant attorney general, with whom on the brief were Bronson C. La Follette, attorney general and John William Calhoun, assistant attorney general.


CONNOR T. HANSEN, J.

We have fully considered the briefs, oral arguments and extensive appendix submitted by the respective parties, and the briefs of the several amicus curiae. It is our conclusion that the negative-aid provisions of school district financing, as mandated by secs. 121.07 and 121.08, Stats., are violative of the rule of uniform taxation set forth in art. VIII, sec. 1, of the Wisconsin Constitution.

As pertinent to this action, sections 121...

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