Legal Opinion · Dissent

Thomas More High School v. Burmaster

Court of Appeals of Wisconsin

Decided August 9, 2005No. 2004AP2511Published

1DissentFine, J.

¶ 23. (dissenting). The Majority permits what I perceive as a clearly political decision by Elizabeth Burmaster to trump the legislature's command that poor children living in the City of Milwaukee be able to attend private schools "located in the city" of Milwaukee. Accordingly, I respectfully dissent.

¶ 24. The legislative command is clear:(2) (a) Subject to par. (b), any pupil in grades kindergarten to 12 who resides within the city may attend, at no charge, any private school located in the city if all of the following apply:

1. The pupil is a member of a family that has a total family…

2Cases cited2 opinions

  1. Wisconsin Citizens Concerned for Cranes & Doves v. Wisconsin Department of Natural ResourcesWisconsin Supreme Court · 2004
  2. Turner v. City of MilwaukeeCourt of Appeals of Wisconsin · 1995

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