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RACINE ED. ASS'N v. RACINE BD. OF ED.

No. 85-0862.

129 Wis.2d 319 (1986)

385 N.W.2d 510

RACINE EDUCATION ASSOCIATION, and James Ennis, individually and as Executive Director of the Racine Education Association, Plaintiffs-Appellants, Ben EWERS, individually and as Assistant Executive Director of the Racine Education Association, Plaintiff, v. BOARD OF EDUCATION FOR RACINE UNIFIED SCHOOL DISTRICT, Bernice Thomsen, as Member of the Board of Education for the Racine Unified School District and its Clerk, Don P. Woods, Superintendent of the Racine Unified School District, and Del Fritchen, Assistant Supervisor of the Racine Unified School District, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided February 5, 1986.

Attorney(s) appearing for the Case

For the plaintiffs-appellants, the cause was submitted on the briefs of Robert K. Weber of Schwartz, Weber, Tofte, & Nielsen of Racine.

For the defendants-respondents, the cause was submitted on the brief of Gilbert J. Berthelsen and Jeffrey Leavell of Capwell, Berthelsen, Nolden, Casanova, Pitts & Kallenbach, Ltd. of Racine.

Before Scott, C.J., Brown, P.J., and Nettesheim, J.

BROWN, P.J.

This dispute concerns a written public records request and, after receiving no response, a resultant mandamus action brought by the Racine Education Association (REA) against the Racine Unified School District. While the litigation was pending, the District voluntarily furnished the information; the circuit court therefore held the case moot. REA appeals that ruling. REA also claims that even if the case is dismissed as moot, pertinent case law establishes...

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