State ex rel. Wisconsin Lutheran High School Conference v. Sinar

The ordinance in question permits the establishment and operation of .a public high school within the prescribed zone, but prohibits the erection and conducting of a private high school therein.

The majority say that since there is a substantial distinction between public and private schools in that particularly the public school must serve all, whereas the private school restricts admission, there is no illegal classification under the ordinance, and that the discrimination resulting therefrom is not unreasonable.

*102Zoning regulations are foundationed on police power. The ultimate purpose of…