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CITY OF MADISON v. STATE

1 Wis.2d 252 (1957)

CITY OF MADISON, Respondent, vs. THE STATE, Appellant.

Supreme Court of Wisconsin.

June 4, 1957.

Attorney(s) appearing for the Case

For the appellant there was a brief by the Attorney General and Roy G. Tulane, assistant attorney general, and oral argument by Mr. Tulane.

For the respondent there was a brief and oral argument by Harold E. Hanson, city attorney.

A brief was filed by Robert D. Sundby of Madison, counsel for the League of Wisconsin Municipalities, and Harry G. Slater, deputy city attorney of Milwaukee, as amici curiae.

FAIRCHILD, J.

The state contends that the legislature did not intend by the 1927 and 1931 acts to authorize construction of a building of the size and character proposed; that if those acts be construed to authorize the proposed building, they are unconstitutional; that the proposed building would serve a local rather than a state public purpose; that the city should pay adequate consideration for the use of the lake bed; and that the city has no authority to spend...

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