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STATE EX REL. HAMMERMILL PAPER CO. v. LA PLANTE

No. State 180.

58 Wis.2d 32 (1973)

205 N.W.2d 784

STATE EX REL. HAMMERMILL PAPER COMPANY and another, Petitioners, v. LA PLANTE, Mayor, City of Kaukauna, Respondent.

Supreme Court of Wisconsin.

Decided April 9, 1973.

Attorney(s) appearing for the Case

For the petitioners there was a brief by Maurice J. McSweeney, Richard A. Weiss and Richard H. Porter, attorneys, and Foley & Lardner of counsel, all of Milwaukee, and oral argument by Mr. McSweeney.

For the respondent there was a brief by Shea, Hoyt, Greene, Randall, Meissner & Walsh, S. C., attorneys, and William L. Randall and Thomas E. Whipp of counsel, all of Milwaukee, and oral argument by William L. Randall.

For the State (intervening pursuant to sec. 274.12 (6), Stats.) the cause was submitted on the brief of Robert W. Warren, attorney general, and Allan P. Hubbard, assistant attorney general.

CONNOR T. HANSEN, J.

The following issues are presented:

1. Does the issuance by a municipality of revenue bonds to finance industrial development projects constitute the expenditure of public funds for other than a public purpose?

2. Is the authorization of a municipality to engage in industrial development projects an unlawful delegation of a matter of statewide interest to a municipality in violation of art. IV, sec. 22, or art. IV, sec. 1 of the...

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