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MILWAUKEE PROTESTANT HOME v. MILWAUKEE

No. 40.

41 Wis.2d 284 (1968)

164 N.W.2d 289

MILWAUKEE PROTESTANT HOME FOR THE AGED, Appellant, v. CITY OF MILWAUKEE, Respondent.

Supreme Court of Wisconsin.

Decided February 4, 1969.

Attorney(s) appearing for the Case

For the appellant there were briefs by Churchill, Duback & Smith and Gibbs, Roper & Fifield, all of Milwaukee, and oral argument by Thomas B. Fifield.

For the respondent there was a brief by John J. Fleming, city attorney, and Maurice L. Markey, assistant city attorney, and oral argument by Mr. Markey.

A brief amicus curiae was filed by John William Calhoun of Fond du Lac, for the Wisconsin Council of Homes for the Aging, Inc.

ROBERT W. HANSEN, J.

Traditionally, in America old people's homes provided for the necessitous poor. Usually, such homes for the aged were established and maintained by religious and benevolent associations. Typically, they required for admission a lump-sum entry fee, in consideration for which the resident secured a life contract for the providing of board, lodging, medical services if needed and other incidental services. Often enough, such old folks' homes represented...

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