Mattoon v. Antigo School District

Case Name: Village of Mattoon v. Antigo School District

Type of Case: Education

Court: Shawano County Circuit Court

Case Number: 2019-CV-10

Filed On: January 21, 2019

Current Status: Intervention granted; Motions on the merits pending

The Mattoon Elementary School in the Antigo School District has been closed for four years.  The School District has offered to sell the building to the Village of Mattoon for $1, but with a restrictive covenant that prohibits the building from ever being used for educational purposes.  While Antigo refuses to answer exactly why it wants the restriction, it’s fairly obvious that it doesn’t want competition from a private school.

However, it’s not entirely clear that the Antigo School District actually owns the building.  The school was originally part of a now-defunct school district called Joint School District #6.  According to state law at the time that district dissolved, title to the school could only have passed to the Antigo School District pursuant to an express agreement, which doesn’t exist in this case.

On behalf of Shepherd’s Watch, an organization that wants to turn the building into a community center and private voucher school, we successfully intervened in the case. If Mattoon actually owns the school, it is willing to transfer it to Shepherd’s Watch without any deed restriction.  We are currently briefing the merits of the case.