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KAYE v. BOARD OF REGENTS

No. 89-0282.

158 Wis.2d 664 (1990)

463 N.W.2d 398

Rocklyn J. KAYE, Ann H. Levy, Union Policy Board of the University of Wisconsin-Milwaukee, and Student Assoc. of the University of Wisconsin-Milwaukee, Heidi C. York, and Victor E. Beecher, Petitioners-Appellants, v. BOARD OF REGENTS OF THE UNIVERSITY OF WISCONSIN SYSTEM, Carmen Witt, Acting Assistant Chancellor, and Kenneth A. Shaw, President of the University of Wisconsin System, Respondents.

Court of Appeals of Wisconsin.

Decided October 18, 1990.

Attorney(s) appearing for the Case

For the petitioner-appellants the cause was submitted on the briefs of Walter F. Kelly of Sutton & Kelly of Milwaukee and orally argued by Walter F. Kelly.

For the respondents the cause was submitted on the briefs of Donald J. Hanaway, attorney general, and Robert D. Repasky, assistant attorney general, and orally argued by Robert D. Repasky.

Before Gartzke, P.J., Dykman and Sundby, JJ.

SUNDBY, J.

In this appeal, we decide that the Union Policy Board of the University of Wisconsin-Milwaukee (UPB) is subject to sec. 20.918, Stats.,1 and could not employ attorneys without the governor's approval. The Board of Regents therefore proceeded on a correct theory of law and did not act arbitrarily and capriciously when it denied UPB's request that the defendants approve payment of UPB's attorney fees incurred in this action and...

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