No. 168 (1974).

72 Wis.2d 613 (1976)

241 N.W.2d 613

BINDER, Plaintiff-Appellant, v. CITY OF MADISON, and another, Defendants-Respondents.

Supreme Court of Wisconsin.

Decided May 14, 1976.

Attorney(s) appearing for the Case

For the appellant there was a brief by James P. Brennan and Simarski, Goodrich, Brennan & Stack of Milwaukee, and oral argument by James P. Brennan.

For the respondent City of Madison the cause was argued by Robert E. Olsen, assistant city attorney, with whom on the brief was Henry A. Gempeler, city attorney.

For the respondent Area Vocational, Technical and Adult Education District No. 4 there was a brief by Stafford, Rosenbaum, Rieser & Hansen, and oral argument by John M. Koeppl all of Madison.

A brief amicus curiae was filed by Jean G. Setterholm and Paul J. Swain of Madison, for the League of Wisconsin Municipalities.


The order appealed from sustains the demurrer of the defendant, city of Madison ("City"). Summary judgment was granted in favor of the other defendant, Area Vocational, Technical and Adult Education District No. 4 ("VTAE District").

The issues on appeal concern the application and constitutionality of state statutes1 requiring that one

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