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KUECHMANN v. LA CROSSE SCHOOL DIST.

No. 92-1685.

170 Wis.2d 218 (1992)

487 N.W.2d 639

Robert KUECHMANN, and Robert Winter, Each an Elector & School Board Member of the School District of La Crosse, Plaintiffs-Respondents, v. SCHOOL DISTRICT OF LA CROSSE, Defendant-Respondent, Ken FRENCH, School Board Clerk & School Board Member, John Parkyn, School Board President & School Board Member, Roger Legrand, School Board Member, and Audry Kader, School Board Member, Charles H. Miller, III, and Dan Rounds, Defendants, Dr. Daniel LANGE, Douglas L. Farmer, Gary Harter, Rudy Jolivette, Lynetta R. P. Kopp, and Susan J. Knight, Defendants-Appellants, STATE of Wisconsin ELECTIONS BOARD, Intervenor.

Court of Appeals of Wisconsin.

Decided July 10, 1992.

Attorney(s) appearing for the Case

For the defendants-appellants the cause was submitted on the brief of Kevin C. O'Keefe of Parke, O'Flaherty, Heim, Egan, Koby & O'Keefe, Ltd. of La Crosse. Oral argument by Kevin C. O'Keefe.

For the plaintiffs-respondents, Robert Kuechmann and Robert Winter, the cause was submitted on the brief of James G. Birnbaum of Davis, Birnbaum, Marcou, Devanie & Colgan of La Crosse. Oral argument by James G. Birnbaum.

For the defendant-respondent, School District of La Crosse, the cause was submitted on the brief of David R. Friedman of Friedman Law Firm of La Crosse. Oral argument by David R. Friedman.

For the Intervenor, State of Wisconsin Elections Board, the cause was submitted on the brief of James E. Doyle, attorney general, with Alan Lee, assistant attorney general. Oral argument by Alan Lee.

Before Eich, C.J., Gartzke, P.J., and Sundby, J.

GARTZKE, P.J.

This is an appeal by Dr. Daniel Lange, Douglas L. Farmer, Gary Harter, Rudy Jolivette, Susan J. Knight and Lynetta R. P. Kopp from an order declaring sec. 9.10(4), Stats., unconstitutional and enjoining and prohibiting the School District of La Crosse from conducting a recall election scheduled for July 14, 1992, as to certain members of the school board. Section 9.10(4) sets forth the recall procedure for...

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