Clapp v. Joint School District No. 1

The first question is whether the statutory remedy provided by sec. 6.66, Stats., is the exclusive method of contesting a school-district bond referendum when more than a recount is sought. Relying on Roberts v. Madison (1947), 250 Wis. 317, 27 N. W. (2d) 233, the plaintiffs argue a taxpayer has a right to enjoin the misapplication of public funds and the issuance of school bonds pursuant to an illegal referendum authorizing the bond issue constitutes such a misapplication. The plaintiffs further contend their objections go to the validity of the election, not its results, and consequently…