Thomas E. Lister v. Thomas H. Hoover

706 F.2d 796, 1983 U.S. App. LEXIS 27956, 11 Educ. L. Rep. 145

Opinions

WILLIAM J. CAMPBELL, Senior District Judge.

This is an appeal from the district court’s grant of summary judgment for the defendants in a case challenging the constitutionality of Wisconsin’s procedures for determining the residency of individuals for tuition purposes at state universities. This case has been the subject of a state action, Lister v. Board of Regents, 72 Wis.2d 282, 240 N.W.2d 610 (1976); and two federal appeals, Lister v. Lucey, 575 F.2d 1325 (7th Cir.), cert. den. 439 U.S. 865, 99 S.Ct. 190, 58 L.Ed.2d 175 (1978); Lister v. Hoover, 655 F.2d 123 (7th Cir.1981). Based on the remand on the last appeal, the only issue before the district court was whether the Committee of Appeals at the University of Wisconsin (Madison) was required by the due process clause of the fourteenth amendment to give written reasons for its denial of a student’s request to be classified as a state resident for tuition purposes. Upon cross motions for summary judgment, the district court answered the question in the negative and the plaintiffs appealed to this Court. We conclude that the district judge properly analyzed the issue raised and hereby affirm and adopt its opinion which is reprinted in the Appendix to this opinion.