DEVELOPMENT DEPT. v. BLDG. COMM'N,

No. 86-1137-OA.

139 Wis.2d 1 (1987)

406 N.W.2d 728

STATE of Wisconsin EX REL. DEPARTMENT OF DEVELOPMENT, Petitioner, v. STATE of Wisconsin BUILDING COMMISSION, Respondent.

Supreme Court of Wisconsin.

Decided June 9, 1987.


Attorney(s) appearing for the Case

For the petitioner the cause was argued by Edward S. Marion, assistant attorney general, with whom on the briefs was Bronson C. La Follette, attorney general.

For the respondent there was a brief by David J. Hanson, Nelson D. Flynn and Michael, Best & Friedrich, Madison, and oral argument by Nelson D. Flynn.

Amicus curiae brief was filed by Lawrence Bensky, Brady C. Williamson and La Follette & Sinykin, Madison, for the Wisconsin Housing and Economic Development Authority.

Amicus curiae brief was filed by John S. Holbrook, Jr., Nancy J. Delacenserie and Quarles & Brady, Madison, for Wisconsin Health Facilities Authority.


DAY, J.

This is an original action for Declaratory Judgment. The question is: Does sec. 560.04(3), Stats.1 (1985), authorizing the State of Wisconsin (State) through the Wisconsin Department of Development (Department) to make loans to private real estate developers for privately owned housing, part of which is to be available to "low and moderate income" persons, violate Article VIII, sec. 10...

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