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NORDA, INC. v. WISCONSIN EDUC. APPROVAL BD.

No. 2005AP2335.

718 N.W.2d 236 (2006)

2006 WI App 125

NORDA, INC., Plaintiff-Respondent, Elizabeth Burmaster, In Her Official Capacity as State Superintendent of Public Instruction, and Wisconsin Department of Public Instruction, Involuntary-Plaintiffs, v. WISCONSIN EDUCATIONAL APPROVAL BOARD, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed May 31, 2006.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Peggy A. Lautenschlager, attorney general, and Thomas J. Balistreri, assistant attorney general.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Cari L. Westerhof of Ruder Ware, L.L. S.C. of Wausau.

Before CANE, C.J., HOOVER, P.J., and PETERSON, J.

¶ 1 HOOVER, P.J.

The Wisconsin Educational Approval Board appeals a summary judgment holding Norda, Inc., is not subject to the Board's oversight. The circuit court determined Norda is not a school as defined in WIS. STAT. § 45.54(1)(e)1 and alternatively held that Norda met exceptions in §§ 45.54(1)(e)6-7. The Board asserts the exceptions are inapplicable. Because we are...

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