State Ex Rel. Dieckhoff v. Severson

426 N.W.2d 71, 145 Wis. 2d 180, 1988 Wisc. App. LEXIS 402
CourtCourt of Appeals of Wisconsin
DecidedMay 12, 1988
Docket86-2231
StatusPublished
Cited by19 cases

This text of 426 N.W.2d 71 (State Ex Rel. Dieckhoff v. Severson) is published on Counsel Stack Legal Research, covering Court of Appeals of Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State Ex Rel. Dieckhoff v. Severson, 426 N.W.2d 71, 145 Wis. 2d 180, 1988 Wisc. App. LEXIS 402 (Wis. Ct. App. 1988).

Opinions

DYKMAN, J.

Christine J. Dieckhoff and others appeal from a judgment requiring Robert E. Severson, Green County Clerk, to hold a referendum election in the Juda and Brodhead school districts on the School District Boundary Appeal Board order of June 23, 1986, pursuant to sec. 117.035(3), Stats.1 The case involves Dieckhoff s sec. 117.08(l)(a)2 petition for the [186]*186detachment of real estate from the Juda school district. The joint school boards denied Dieckhoffs petition, the Appeal Board granted it, and persons aggrieved by the Board’s order petitioned for a referendum. The respondents, who are parties aggrieved by the Board’s order, intervened in the trial court. The issues are: (1) whether sec. 117.035(3) authorizes a referendum to review the Board’s order in this case; (2) whether the. referendum petition contained a sufficient number of authorized signatures; (3) whether the referendum is barred by the statute of limitations; and (4) whether the appellants have vested rights under the Board’s order which may not be altered.

We conclude that sec. 117.035(3), Stats., authorizes a referendum to review the Board’s order, that the petition for referendum contained a sufficient number of signatures, and that the referendum is not barred by the statute of limitations. Because of our decision on these issues, we need not decide whether the appellants have vested rights under the Board’s order. Therefore we affirm the trial court.

FACTS

In early 1986, Dieckhoff and other persons residing in the Juda school district filed a sec. 117.08(l)(a), [187]*187Stats., petition with the clerks of the school boards of the Juda and Brodhead school districts. Dieckhoff sought to have a part of the Juda school district attached to the Brodhead school district.

Pursuant to sec. 117.08(l)(b), Stats.,3 the joint school boards held a public hearing on Dieckhoff s petition. Because both boards did not approve the petition, the school boards issued an "order for denial,” which was filed with the Appeal Board pursuant to sec. 117.01(2)(c).4

Dieckhoff appealed to the Appeal board. The Board met pursuant to sec. 117.03(3)(a), Stats.,5 re[188]*188versed the school boards’ order, and issued an order for school district reorganization pursuant to Dieck-hoffs petition.

A petition for a referendum on the Appeal Board’s order was subsequently filed with the clerk of Green county pursuant to sec. 117.035(l)(c), Stats.6 More than ten percent of the electors in the Juda school district had signed the petition. The county clerk set the referendum for the date of a general election.

Dieckhoff filed a complaint in circuit court, seeking to enjoin the referendum because the petition for referendum was not signed by a sufficient number of electors. The trial court issued an injunction prohibiting the referendum because secs. 117.035(l)(a) and (3), Stats., did not permit a referendum on an Appeal Board order in this case. The trial court held that the sole remedy to review the Appeal Board’s order was an appeal to the circuit court under sec. 117.03(4),7 and [189]*189because the county did not pursue this relief, the Appeal Board was final. The trial court also denied a motion to intervene brought by Sam Kaderly and the Juda School Board.

The intervenors, Linda Ahrens, Sam Kaderly and the Juda School Board, moved for relief from the order denying intervention or, alternatively, for permission to intervene post-decision, and for relief from the order enjoining the referendum. After a hearing, the trial court granted the intervenors’ motion to intervene post-decision because their rights were no longer adequately represented. This was because the Green county clerk stipulated that he would not appeal the trial court’s earlier decision.

After a hearing on the intervenors’ motion for reconsideration, the trial court rescinded its earlier injunction and ordered the Green county clerk to hold the referendum on the Appeal Board’s order. The trial court concluded that because the Appeal Board’s order constituted an order of school district reorganization, a referendum on the order was allowed under sec. 117.035(3), Stats. We issued an order granting Dieck-hoffs motion for relief pending appeal.

STANDARD OF REVIEW

Questions of statutory interpretation are questions of law which we review de novo. In Interest of J.V.R., 127 Wis. 2d 192, 199, 378 N.W.2d 266, 269 (1985). Our purpose in construing a statute is to ascertain the legislature’s intent and give it effect. Watts v. Watts, 137 Wis. 2d 506, 517, 405 N.W.2d 303, 308 (1987). Our primary source in construing a statute is that statute’s language, and, absent ambiguity, our [190]*190duty is to give that language its ordinary meaning. State v. McKenzie, 139 Wis. 2d 171, 176, 407 N.W.2d 274, 276 (Ct. App. 1987). The "entire section of a statute and related sections are to be considered” in construing or interpreting the words of a statute. Id. at 177, 407 N.W.2d at 277. The threshold question in reviewing a statute is whether the statutory language is ambiguous, that is, if "reasonable persons could disagree as to its meaning.” Standard Theatres v. Transportation Dept., 118 Wis. 2d 730, 740, 349 N.W.2d 661, 667 (1984). If a statute is unclear, we will "endeavor to discover the legislature’s intent as disclosed by the scope, history, context, subject matter and purpose of the statute.” Watts, 137 Wis. 2d at 517, 405 N.W.2d at 308.

RIGHT TO A REFERENDUM

As of 1978, there was no right to a referendum on a State Appeal Board (now School District Boundary Appeal Board) order. "[TJhere is nothing in the statutes authorizing a petition for a referendum by electors following a decision by the [State Appeal Board].” Joint Sch. Dist. No. 2 v. State Appeal Board, 83 Wis. 2d 711, 722, 266 N.W.2d 374, 379 (1978). "[NJeither [party] has a right to a referendum [on a State Appeal Board order], but the aggrieved party has a right to review by the courts.” Joint School District v. State Appeal Bd., 56 Wis. 2d 790, 799, 203 N.W.2d 1, 6 (1973).

The supreme court addressed the right to a referendum in Joint Sch. Dist. No. 2, 83 Wis. 2d at 723-24, 266 N.W.2d at 380. There, the petitioners [191]*191argued that sec. 117.02(4)(a), Stats. (1975),8 allowed a referendum after a state board hearing. The supreme court disagreed. Because the state board operated under sec. 117.03 and not sec. 117.02, the referendum provisions of sec. 117.02(4)(a) did not apply to the board’s actions. Joint Sch. Dist. No. 2, 83 Wis. 2d at 724, 266 N.W.2d at 380. However, the legislature made significant changes in these sections after 1979.

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State Ex Rel. Dieckhoff v. Severson
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Bluebook (online)
426 N.W.2d 71, 145 Wis. 2d 180, 1988 Wisc. App. LEXIS 402, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-dieckhoff-v-severson-wisctapp-1988.