In Re School District No. 5, Vil. of Bear Creek

The trial court decided this case on summary judgment. It concluded that there was no substantial issue to be tried and affirmed the order of the State Appeal Board.

Sec. 270.635, Stats., provides that when the motion for summary judgment is made by the defendant, judgment may be entered on his behalf in the event that there are submitted:

“. . . such evidentiary facts, including documents or copies thereof, as shall show that his denials or defenses are sufficient to defeat the plaintiff, together with the affidavit of the moving party, either that he believes that there is no defense to the…