JOYCE v. SCHOOL DIST. OF HUDSON

Nos. 91-2181, 91-2182.

169 Wis.2d 611 (1992)

487 N.W.2d 41

Everett J. JOYCE, Marcella A. Joyce, and Marguerite J. Tupper, Plaintiffs-Respondents, v. The SCHOOL DISTRICT OF HUDSON, WISCONSIN, Defendant-Appellant. Lester A. JACOBSON, Plaintiff-Respondent, v. The SCHOOL DISTRICT OF HUDSON, WISCONSIN, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided June 2, 1992.


Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of and orally argued by Joel L. Aberg and Stevens L. Riley of Weld, Riley, Prenn & Ricci, S.C. of Eau Claire.

On behalf of the plaintiffs-respondents, Everett J. Joyce, Marcella A. Joyce and Marguerite J. Tupper, the cause was submitted on the brief of and orally argued by L.R. Reinstra of Reinstra, Van Dyk & Needham, S. C. of New Richmond.

On behalf of the plaintiff-respondent, Lester A. Jacobson, the cause was submitted on the brief of and orally argued by James T. Remington of Remington Law Offices of New Richmond.

Before Cane, P.J., LaRocque and Myse, JJ.


MYSE, J.

The Hudson School District appeals an order concluding that it does not have the power to make its own determination of necessity in a condemnation proceeding under sec. 32.07, Stats. The school district argues that the trial court erred because sec. 32.07 authorizes it either as a "branch of state government" or as a "board" to determine necessity. We conclude that the language of sec. 32.07 does not authorize...

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