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Home Blog Contributor Articles Appeals Court Upholds Conserve Semester Model

Appeals Court Upholds Conserve Semester Model

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A 3 judge panel of the Wisconsin Court of Appeals for District III upheld Conserve School's semester model in a ruling filed yesterday. In its 13-page decision, the court found that the semester program provides a full "grade" of education and satisfies the "regular enrollment" requirement set by the trust, and that the trustees have broad discretion to determine the makeup of the student body. The court continued that the trust instrument is unambiguous and that estate planning files were properly excluded from discovery during the trial. Finally, the court found that the semester program, while a significant departure from the original model, does not reflect a finding that the operation of Conserve School is impractical. Rather, it "reflects the trustees' desire to operate the school in a manner best suited to current economic realities within the boundaries of the trust instrument."

The appeal was brought by the Culver Educational Foundation following an unfavorable ruling from the Circuit Court in Eagle River. There is no indication if this ruling will be appealed.

The full text of the decision is attached to this article.

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