Justia Transportation Law Opinion Summaries

Articles Posted in Wisconsin Supreme Court
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The Supreme Court answered a certified question from the United States Court of Appeals for the Seventh Circuit regarding whether a private school was entitled to receive public funding to transport children to its school.St. Augustine School applied for transportation benefits pursuant to Wis. Stat. 121.51 and 121.54, under which private schools are entitled to receive public funding to transport children to their schools but only one affiliated school per "religious denomination" can receive the funding in each "attendance area." The Superintendent of Public Transportation denied the application on the grounds that St. Gabriel was another school of the same religious denomination within the same attendance area. The certified question asked what information the Superintendent may consider in making a determination regarding whether two schools are affiliated with the same religious denomination. The Supreme Court answered that the Superintendent is not limited to consideration of a school's corporate documents exclusively but may also conduct a neutral and secular inquiry. View "St. Augustine School v. Taylor" on Justia Law

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The Supreme Court held that the implementation and enforcement of the Town of Delafield's seasonal weight limitations on certain Town roads as authorized by the Town's ordinance did not conflict with and therefore was not preempted by the the Surface Transportation Assistance Act (STAA), 49 U.S.C. 31114, and its related regulations.A truck driver for Central Transport Kriewaldt was ticketed for operating a tractor-trailer in violation of the Town's seasonal weight limitation authorized by its ordinance. Central Transport admitted that it violated the Town's ordinance but argued that the Town may not have such a system because the limitation was preempted, and therefore disallowed, by the STAA. The Supreme Court held (1) the STAA's reach mandated only reasonable access; and (2) the facts of this case showed that reasonable access was provided, and the Town's seasonal weight limitation was not preempted by the STAA. View "Town Of Delafield v. Central Transport Kriewaldt" on Justia Law