SCHUMM v. MILWAUKEE COUNTY


258 Wis. 256 (1951)

SCHUMM and others, Respondents, vs. MILWAUKEE COUNTY and others, Appellants.

Supreme Court of Wisconsin.

January 9, 1951.


Attorney(s) appearing for the Case

For the appellants Milwaukee county and Oliver L. O'Boyle, corporation counsel, there were briefs by William J. McCauley, district attorney, and Mr. O'Boyle, and oral argument by Mr. O'Boyle.

For the appellant Milwaukee County War Memorial Center, Inc., there were briefs by Miller, Mack & Fairchild, attorneys, and Ralph M. Hoyt of counsel, all of Milwaukee, and oral argument by Mr. Hoyt and by Mr. Ronold Dreschler of Milwaukee.

For the respondents there were briefs by Quarles, Spence & Quarles, attorneys, and John Redford, Nathan Pereles, Lester Gunsburg, Thomas H. Spence, Arthur Wickham, and Edmund W. Powell of counsel, all of Milwaukee, and oral argument by Mr. Wickham, Mr. Powell, and Mr. Thomas Spence.

There was also a brief by Martin R. Paulsen of Milwaukee, as amicus curiae.


BROWN, J.

The corporation is a nonprofit, nonstock company organized for the purposes specified in sec. 45.05, Stats., that is, to construct, maintain, and conduct a war-memorial project. It has approximately two and one-fourth million dollars, given to it for such purposes by patriotic citizens and corporations. It entered into negotiations with the county board of supervisors and a plan was evolved for the county to acquire suitable land, by condemnation or otherwise...

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