Philip D. Ball v. District No. 4

This is a review of a decision of the court of appeals reversing a judgment of the circuit court for Dane county, Honorable Robert R. Pekowsky, circuit Judge. The circuit court summary judgment in favor of District No. 4 Board of Vocational, Technical and Adult Education (Board) in effect authorized the Board to proceed with its existing building program; discharged the plaintiffs writ of mandamus to stop construction; and dismissed their petition for declaratory judgment. The issue on this review is: Does sec. 38.15, Stats. 1981-82, which requires voter approval by referendum of "building program actions approved by the [State VTAE] Board after January 31, 1980," apply to the Madison Area Technical College (MATC) project. We conclude that the MATC project was approved by the State Board within the meaning of the statute prior to the effective date of January 31, 1980, and is therefore exempt from the referendum requirement. We therefore reverse the decision of the court of appeals and reinstate the judgment of the trial court.