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• Title: Appeal Leonard Walters Et Al. from an
• Author : Supreme Court of Wisconsin
• Release Date : January 11, 1955
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 72 KB

Description

On June 21, 1954, at a properly noticed and ordered public hearing held in the town of Packwaukee, Marquette county, a joint
committee, organized pursuant to provision of sec. 40.02(5), Stats., and consisting of the county school committees of Marquette,
Adams, and Waushara counties, heard a petition, pursuant to provisions of sec. 40.03(1), Stats., which was signed by various
electors of Endeavor-Oxford Union Free High School District and which had been filed on May 4, 1954, with the secretary of
the county school committee of Marquette county. The petition requested a detachment of Sections 19, 20, 30, and 31 of the
township of Packwaukee from the Endeavor-Oxford Union Free High School District and the attachment of said territory to the
Westfield Union Free High School District for high school purposes only. Fifteen of the eighteen members of the joint committee
attended the hearing. Immediately following the hearing the joint committee held a conference on the proposed plan of reorganization
with the school boards of the districts involved. Thereafter the joint committee voted upon the petition. Nine votes were
cast in favor and six votes against the granting of the petition. An assistant state superintendent of schools who was present
at the meeting advised the committee that a minimum of ten votes -- a majority of the entire membership of eighteen and not
a majority of the fifteen members present and voting -- was required to effectuate a granting of the petition. Acting upon
such opinion the committee determined that the motion was lost. A formal order signed by fourteen members of the committee
denying the petition was thereupon entered. On June 24, 1954, the joint committee's clerk sent by mail to the clerks of the
municipalities affected a certified copy of the order of the committee. On July 23, 1954, two of the signers of the petition, acting for themselves and other electors of the district, appealed
from the order of the joint committee to the circuit court of Marquette county pursuant to authority of sec. 40.03(5), Stats.
In the notice of appeal directed to the joint school committee and its secretary, the petitioners, after alleging their residence
and the fact that their children were in attendance in the Endeavor-Oxford Union Free High School District, and after setting
forth certain particulars of their petition and of the call of the meeting of the joint school committee on June 21, 1954,
stated in part that:

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