Bring Back Conserve School

Culver Appeal: Oral Arguments Waived, Awaiting Decision

Wednesday, 25 August 2010 20:39 Greg Mlynarczyk

After a 7 month wait, Culver's appeal is no longer awaiting assignment at the Wisconsin Court of Appeals. Both Culver and Conserve School have waived oral arguments and the case will be decided based on the submitted briefs. The case is being heard in District III by a 3 judge panel. As District III only has 3 appellate judges, the case will be heard by the following individuals:


Michael W. Hoover	Gregory A. Peterson	Edward R. Brunner

The briefs are available here on BringBackConserve.com under the article that announced the appeal. Updates will be provided as they are available.

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Last Updated on Wednesday, 25 August 2010 20:42

Misrepresentation Claims Allowed To Continue

Friday, 22 January 2010 10:59 Greg Mlynarczyk

In yesterday's hearing, Judge Nielsen ruled the parents' claims against Conserve will be allowed to move forward to discovery. The four causes of action (negligent misrepresentation, intentional misrepresentation, fraudulent inducement to contract, and breach of contract) have been consolidated into two causes of action. The demand for punitive damages was also allowed to continue.

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Last Updated on Thursday, 28 January 2010 03:13

Culver Appeals Nielsen's Ruling

Wednesday, 20 January 2010 15:16 Greg Mlynarczyk

Culver has appealed Judge Nielsen's decision to the Wisconsin Court of Appeals. The case is number 2009AP002134 and will be heard by a 3 judge panel yet to be assigned. The briefs filed by Culver and by Conserve are attached.

Culver is arguing a lot of the same things, mainly that the semester program violates the terms of the Trust. Culver also says Nielsen erred in failing to interpret the Trust and take its intent into account, instead basing his decision on whether or not the Trustees "acted in good faith and with proper motives". Culver also says they should have been allowed to examine documents that would reveal Lowenstine's intent, such as those that might have been generated in the process of drafting the Trust.

Attachments:
2009-AP-2134 Culver's Brief	[ ]	388 Kb
2009-AP-2134 Culver's Reply to Conserve	[ ]	212 Kb
2009-AP-2134 Conserve's Brief	[ ]	152 Kb

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Last Updated on Thursday, 26 August 2010 18:13

Culver Lawsuit in Federal Court Dismissed

Tuesday, 06 October 2009 09:40 Greg Mlynarczyk

Culver's complaint against Conserve School was dismissed by Judge Wayne Andersen in August. Culver filed a notice of voluntary dismissal without prejudice, but Anderson dismissed the case with prejudice because of the case in Wisconsin state court that Culver actively participated in. This effectively ends the challenge to the semester program. Still pending are claims brought by parents for intentional and negligent misrepresentation as well as fraudulent inducement to contract.

Attachments:
Federal Court - Culver Notice of Voluntary Dismissal.pdf	[ ]	138 Kb
Federal Court - Order of Dismissal.pdf	[ ]	44 Kb

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Attorney General Will Not Appeal Nielsen's Ruling

Thursday, 16 July 2009 14:49 Greg Mlynarczyk

J.B. Van Hollen announced he will not appeal Judge Nielsen's ruling. According to a story on the AP wire, he claims that even if he would win on appeal the case could drag on for more than a year - and by that time most of the affected students would have found another school already.

This is a rather disappointing outcome, as Van Hollen is mistaken about who is "affected" by his decision not to appeal. Many students were forced to make decisions for next year a long time ago, and his choosing not to appeal doesn't affect any of them. There are thousands of people still "affected" - future generations of high school students.

http://www.wkowtv.com/Global/story.asp?S=10737900

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