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SCHOOL DIST. OF WAUKESHA v. SDBAB

No. 95-0905.

201 Wis.2d 109 (1996)

548 N.W.2d 122

SCHOOL DISTRICT OF WAUKESHA, Appellant-Respondent, v. SCHOOL DISTRICT BOUNDARY APPEAL BOARD, Respondent-Appellant, Jeffrey and Marilyn FRANK, Michael and Louise Amundson, John E. and Patricia Brusky, Gabriel Ceci, Edward J. and Anne Coates, Juan and Maria Diaz, Thomas J. Guhl and Athlene Alexis, Champala and Sharda Gupta, William and Jill Hrabik, William and Lynn Hutson, Paul G. and Candyee Karlen, R. Jason and Linda Klagstad, James and Robyn Krogman, Stephen and Kim Lacki, Gaylord and Jennifer Louie, Joseph and Jody K. Nolan, Glen M. and Mary Senger, James R. and Yong Voigt, and Richard and Cynthia Zeckmeister, affected residents of Weston Hills Subdivision, Co-Appellants.

Court of Appeals of Wisconsin.

Decided March 27, 1996.

Attorney(s) appearing for the Case

On behalf of the respondent-appellant, the cause was submitted on the briefs of James E. Doyle, attorney general, and Warren D. Weinstein, assistant attorney general. On behalf of the co-appellants, the cause was submitted on the briefs of Thomas E. Griggs and Michael B. Apfeld of Godfrey & Kahn, S.C. of Milwaukee.

On behalf of the appellant-respondent, the cause was submitted on the brief of Daniel G. Vliet and Michael Aldana of Davis & Kuelthau, S.C. of Milwaukee.

Before Anderson, P.J., Brown and Snyder, JJ.

SNYDER, J.

The School District Boundary Appeal Board (SDBAB) and the residents of the Weston Hills subdivision (the residents) appeal from a trial court order reversing a decision of the SDBAB on the basis that the decision was arbitrary and capricious. Because the SDBAB decision was the result of a rational process, we conclude that the trial court's finding was the result of impermissibly expanding the scope of review. We therefore reverse the trial court and reinstate...

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