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ROTH v. LAFARGE SCHOOL DIST. BD. OF CANVASSERS

No. 01-0160.

247 Wis.2d 708 (2001)

2001 WI App 221

634 N.W.2d 882

Patricia H. ROTH, Petitioner-Respondent, v. LAFARGE SCHOOL DISTRICT BOARD OF CANVASSERS, Respondent-Respondent, Gail J. MULLER, Third Party-Petitioner-Appellant.

Court of Appeals of Wisconsin.

Decided August 16, 2001.

Attorney(s) appearing for the Case

On behalf of the third-party-petitioner-appellant, the cause was submitted on the briefs of George C. Wilbur, LaFarge.

On behalf of the petitioner-respondent, the cause was submitted on the brief of Christopher J. Blythe of Bauer Law Office, Madison.

On behalf of the respondent-respondent, the cause was submitted on the brief of David L. Jenkins of Jenkins and Stittleburg, Viroqua.

Before Dykman, Deininger and Lundsten, JJ.

¶ 1. DYKMAN, J.

This is an appeal from an order limiting the issues that intervenor Gail J. Muller could raise in an election dispute brought by Patricia H. Roth, and from an order and a judgment declaring that a referendum had succeeded. Three issues are in dispute: (1) whether the trial court properly concluded that Muller could not assert her own claim because her motion to intervene came after the statutory deadline for appealing the board of canvassers'...

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