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4. <br /> - 2 - <br /> the Waunakee Union High School District, of the Village of Waunakee et al, County of <br /> Dane, Wisconsin. <br /> A public hearing was held on such petition by the municipal boards involved on <br /> December 28, 1964, at the Village Hall, Village of Waunakee, County of Dane, Wisconsin. <br /> At said public hearing there was a lack of majority of each of the municipal bodies <br /> required to be present except the Village of Waunakee which had 6 board members present <br /> and one absent. <br /> Due to the lack of a majority of each of the municipal bodies present, it was <br /> moved and seconded that the petition be denied. This motion carried and the meeting <br /> was adjourned upon motion. <br /> On March 10, 1965, the State Superintendent of Public Instruction for the State of <br /> Wisconsin acknowledged receipt of an appeal filed with the State Superintendent on <br /> February 10, 1965, and also informed all interested persons that the State Superinten- <br /> dent would not hold an informal conference for the purpose of receiving information <br /> relative to said appeal but that each interested person could furnish factual material <br /> in the form of a letter or a written statement mailed to the State Superintendent on or <br /> before April 1, 1965. <br /> In a decision filed March 30, 1965, entitled "Wilmot Union High School District, <br /> Appellant, vs. Angus B. Rothwell, State Superintendent of Public Instruction, Respon- <br /> dent," the Wisconsin Supreme Court held that where there was formal action taken at <br /> a municipal board hearing, the municipal boards lost jurisdiction at the end of the <br /> 30 day period after the formal action. <br /> It appears from the minutes of the meeting that formal action was taken by one <br /> board to deny the petition filed December 8, 1964. <br /> It further appears that the appeal was filed on February 10, 1965, more than 30 <br /> days from the action of the municipal boards on December 28, 196h, and within the rule <br /> of the Wilmot case the municipal boards lost their jurisdiction on January 28, 1965, <br /> and likewise the appeal period provided in Section 40.06 (3) , Wis. Stets. , expired at <br />