KUKOR v. GROVER

No. 86-1544.

148 Wis.2d 469 (1989)

436 N.W.2d 568

David J. KUKOR, Christopher A. Kukor, Glen W. Kukor, Mark Czerwinski, Renee Czerwinski, Jean Czerwinski, Jill Czerwinski, Eric Czerwinski, David Czerwinski, Dieter Czerwinski, Julie Harling, Pamela Harling, Stephanie Harling, Eric Bates, David Bates, Douglas Bates, Paulette M. Eddie, Percy E. Eddie, Lillian A. Eddie, Patrick O. Eddie, Antrice L. Eddie, Martha Swigart, Kristin Kreuzer, Richard Kreuzer II, Amalia Kreuzer, Jenny Tooley, Henry Brumirski, Terrence Brumirski, Denise Swiderski, Barbara Tibbits, Todd Tibbits, Timothy Tibbits, and Vickie Tibbits, minor residents of the City and County of Milwaukee, State of Wisconsin, by Howard B. Schoenfeld, their Guardian ad Litem, on behalf of themselves and all other children in the City and County of Milwaukee similarly situated; Cynthia Broydrick, Brian Czerwinski, Harry A. Morris, Mary J. Morris, Joseph Bates, Sharon Bates, William James, Velma James, Stephen Swigart, Frances Swigart, Richard Kreuzer, Susan Kreuzer, Russell R. Tooley, Mary Tooley, Dominik Brumirski, Arleen Brumirski, John Swiderski, Betty Swiderski, Benjamin Tibbits, and Jean Tibbits, adult residents of the City and County of Milwaukee, State of Wisconsin, on behalf of themselves and all other parents in the City and County of Milwaukee similarly situated; Lois Riley, Margaret Dinges, Michael Elconin, Gerald P. Farley, Stephen Jesmok, Jr., Peggy Kenner, James F. Koneazny, Marian McEvilly, Edward S. Michalski, Lawrence J. O'Neil, Lorraine M. Radtke, Doris Stacy, Leon W. Todd, Jr., Henry W. Maier, Roy B. Nabors, John R. Kalwitz, Sandra Hoeh, Kevin D. O'Connor, Rod Lanser, Ben E. Johnson, Robert M. Weber, Wayne P. Frank, James Kondziella, Betty Voss, Joan Soucie, Clifford A. Draeger, Robert L. Spaulding, and Gregory G. Gorak, as taxpayers and residents of Milwaukee, Plaintiffs-Appellants, Rochelle BETHIA, James Blask, Jennifer Giradot, Debbie Narloch, Kevin O'Connell, and Daniel Walsh, minor residents of the West Allis-West Milwaukee and City of Wauwatosa School Districts, Cities of West Allis, West Milwaukee, and Wauwatosa, State of Wisconsin, on behalf of themselves and all other children in the state similarly situated; Ilsa Ehlert, Robert A. Giaeck, Philip Jrolf, Paule A. Kolff, Craig Larson, Michael J. Piasecki, and Lois Weber, adult residents of the West Allis-West Milwaukee and City of Wauwatosa School Districts, Cities of West Allis, West Milwaukee, and Wauwatosa, State of Wisconsin, on behalf of themselves and all other taxpayers in the state similarly situated; Gordon J. Bethia, James F. Blask, David A. Giradot, Catherine Narloch, Joyce O'Connell, and Roger Walsh, adult residents of the West Allis-West Milwaukee and City of Wauwatosa School Districts, Cities of West Allis, West Milwaukee, and Wauwatosa, State of Wisconsin, on behalf of themselves and all other parents in the state similarly situated, Plaintiffs-Intervenors-Appellants, v. Herbert GROVER, Wisconsin Superintendent of Public Instruction, Wisconsin Department of Public Instruction, Charles P. Smith, Treasurer of the State of Wisconsin, W. Michael Ley, Secretary of the Wisconsin Department of Revenue, and Wisconsin Department of Revenue, Defendants-Respondents.

Supreme Court of Wisconsin.

Decided February 22, 1989.


Attorney(s) appearing for the Case

For the plaintiffs-appellants there were briefs by Alan Marcuvitz and Howard B. Schoenfeld, attorneys, and Fiorenza & Hayes, S.C., of counsel, all of Milwaukee, and oral argument by Mr. Marcuvitz and Mr. Schoenfeld.

For the defendants-respondents the cause was argued by Daniel D. Stier, assistant attorney general, with whom on the brief was Donald J. Hanaway, attorney general.

Amicus curiae briefs were filed by Bruce Meredith, Madison, for Wisconsin Education Association Council; and Michael J. Julka, Jean M. Williams, and Lathrop & Clark, Madison, for Wisconsin Association of School Boards, Inc.


LOUIS J. CECI, J.

This case is before the court on certification from the court of appeals, pursuant to sec. (Rule) 809.61, Stats., and is an appeal from a judgment of the circuit court for Dane county, William C. Sachtjen, reserve circuit judge, dismissing the appellants' complaint. The issue presented concerns the constitutionality of the statutory school finance system set forth under ch. 121, Stats. The constitutional challenge consists of two prongs. First, appellants...

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