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HARTFORD UNION HIGH SCHOOL v. HARTFORD

No. 117.

51 Wis.2d 591 (1971)

187 N.W.2d 849

HARTFORD UNION HIGH SCHOOL, Respondent, v. CITY OF HARTFORD, Appellant.

Supreme Court of Wisconsin.

Decided June 25, 1971.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Robert J. Russell, city attorney.

For the respondent there was a brief by Smith & Sarafiny of Hartford, and oral argument by George E. Smith.

A brief amicus curiae was filed by Ela, Christianson, Esch, Hart & Clark and James F. Clark and David S. Uphoff, all of Madison, for the Wisconsin Association of School Boards, Inc.

A brief amicus curiae was filed by Jerry A. Edgar and Jean G. Setterholm, both of Madison, for the League of Wisconsin Municipalities.

HALLOWS, C. J.

In many of the cases in other jurisdictions the courts have decided this ever-recurring conflict between school districts and municipalities solely on the basis of whether education in that jurisdiction was a state function and if so, sovereign immunity completely protected the school district from municipal building regulations. The more modern approach to the problem admits the building of public schools is a part of education and may be a state function...

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