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REDEVELOPMENT AUTHORITY v. CANEPA

7 Wis.2d 643 (1959)

REDEVELOPMENT AUTHORITY OF CITY OF MADISON, Plaintiff, v. CANEPA and wife, Defendants.

Supreme Court of Wisconsin.

June 26, 1959.

Attorney(s) appearing for the Case

For the plaintiff there was a brief by Harold E. Hanson, city attorney, and Alton S. Heassler, assistant city attorney, and Harry G. Slater of Milwaukee of counsel, and oral argument by Mr. Heassler and Mr. Slater.

For the defendants there were briefs by La Follette, Sinykin, Doyle & Anderson and Gordon Sinykin and James E. Doyle, attorneys, and Richard E. Gordon, Maurice B. Pasch, and F. D. Shuttleworth of counsel, all of Madison, and oral argument by James E. Doyle and Gordon Sinykin.

A brief was filed by the Attorney General and Roy G. Tulane, assistant attorney general, pursuant to sec. 269.56 (11), Stats., and oral argument by the Attorney General.

FAIRCHILD, J.

The legislature has said clearly that plaintiff is authorized to acquire private property by condemnation proceedings without submitting the question of necessity to a jury. Sec. 66.431 (5) (b), Stats., created by ch. 3, Laws of Sp. Sess. 1958. The primary issue is whether this authorization is void under sec. 2, art. XI of the constitution of Wisconsin. That section provides: "No municipal corporation shall take private property for public use, against...

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