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WISCONSIN CHAPTER HOUSE ASSO. v. REGENTS

260 Wis. 206 (1951)

WISCONSIN CHAPTER HOUSE ASSOCIATION OF PHI DELTA THETA, Appellant, vs. REGENTS OF THE UNIVERSITY OF WISCONSIN and another, Respondents.

Supreme Court of Wisconsin.

December 4, 1951.

Attorney(s) appearing for the Case

Randolph R. Conners and Frederick F. Hillyer, both of Madison, for the appellant.

For the respondents there was a brief by the Attorney General and Warren H. Resh, assistant attorney general, and oral argument by Mr. Resh.

GEHL, J.

No claim is made that the Board of Regents acted irregularly in the proceedings taken prior to the institution of the condemnation proceedings. The corporation contends, however, that the board was without power to determine the necessity for taking this property in condemnation proceedings.

Sec. 32.07 (2), Stats., provides:

"If the application [for the taking of land in condemnation proceedings] be by . . . a board, . . . the petitioner shall...

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