Lonzetta DAVIS, in her own behalf and as natural guardian of her daughter, Sabrina Davis; Velma Y. Frier, in her own behalf and as natural guardian of her daughter, Shavonne Frier; Janet Grice, in her own behalf and as natural guardian of her son, Melvin Grice; Doris Pinkney, in her own behalf and as natural guardian of her daughter, Antionette Roberson; and Thais M. Jackson, in her own behalf and as natural guardian of her daughter, Tamika Carr; Bruce-Guadalupe Community School; Harambee Community School; Highland Community School; Juanita Virgil Academy; Urban Day School and Woodlands School, Plaintiffs-Respondents,
v.
Herbert J. GROVER, Superintendent of Public Instruction of the State of Wisconsin, Defendant-Cross-Claimant-Defendant-Respondent,
Felmers O. CHANEY, Richard Collins, Mary Ann Braithwaite, Lauri Wynn, Linda Oakes, George Williams, Melanie Moore, Donald A. Feilbach, Wisconsin Association of School District Administrators, Inc., Wisconsin Education Association Council, National Association for the Advancement of Colored People, Milwaukee Branch, Association of Wisconsin School Administrators, Milwaukee Teachers Education Association, Wisconsin Congress of Parents & Teachers, Inc., Milwaukee Administrators & Supervisors Council, Inc., and Wisconsin Federation of Teachers, Intervenors-Petitioners-Appellants,
v.
Charles P. SMITH, State Treasurer and Board of School Directors of the City of Milwaukee, Cross-Claimant-Defendant-Respondent.
Court of Appeals of Wisconsin.https://leagle.com/images/logo.png
Oral argument October 3, 1990.
Decided November 13, 1990.
Attorney(s) appearing for the Case
For the intervenors-petitioners-appellants the cause was submitted on briefs of Friebert, Finerty & St. John, S.C., by Robert H. Friebert, Charles D. Clausen, DavidS. Branch, Caren B. Goldberg, and Peter K. Rofes, of Milwaukee, and by Bruce Meredith, of Madison. Oral argument by Robert H. Friebert.
For the plaintiffs-respondents the cause was submitted on briefs of Landmark Legal Foundation Center for Civil Rights, by Clint Bolick, Allyson Tucker, Jerald L. Hill, Mark Bredemier, of Washington, D.C., and by Anne Sulton, of Madison. Oral argument by Clint Bolick.
For the defendant-cross-claimant-defendant-respondent, Herbert J. Grover, Superintendent of Public Instruction of the State of Wisconsin, and the cross-claimant-defendant-respondent, Charles P. Smith, State Treasurer, the cause was submitted on briefs of Donald J. Hanaway, attorney general, with Warren D. Weinstein, assistant attorney general. Oral argument by Warren D. Weinstein.
For the cross-claimant-defendant-respondent, Board of School Directors of the City of Milwaukee, the cause was submitted on briefs of Grant F. Langley, City Attorney, with Patrick B. McDonnell and Susan D. Bickert, of Milwaukee.
Brief of Amicus Curiae of the Wisconsin Association of School Boards, Inc. of Lathrop & Clark, by Jill Weber Dean and Michael J. Julka, of Madison.
Brief of Amicus Curiae of the Governor and Legislators by Eva M. Soeka, of Milwaukee, and Robert A. Destro, of Washington, D.C.
Before Eich, C.J., Gartzke, P.J., and Myse, J.
Court of Appeals of Wisconsin.
GARTZKE, P.J.
Felmers O. Chaney and others appeal from a judgment1 declaring that sec. 119.23, Stats.,2 does not violate the Wisconsin Constitution. The statute, which provides a state subsidy for certain low-income Milwaukee children to attend private schools, was enacted as part of the 1989 state budget adjustment bill. We reverse the judgment because enactment...
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