Hopper v. City of Madison

256 N.W.2d 139, 79 Wis. 2d 120 (1977)

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Hopper v. City of Madison

Wisconsin Supreme Court
256 N.W.2d 139, 79 Wis. 2d 120 (1977)

DC

Facts

Hopper (plaintiff), a resident and taxpayer, filed a lawsuit challenging several appropriation measures made by the city of Madison (defendant). Hopper argued that appropriations for services provided by the Madison Tenant Union (MTU), the Spanish-American Organization (SAO), and a day-care program provided by the public health department violated the Wisconsin Constitution’s public-purpose doctrine because the services only benefited small groups within the community. At trial, the evidence established that 49.3 percent of housing units in Madison were occupied by tenants, that 10-20 migrant families were settling in the city per year, and that less than half of young children in need of day-care services could be accommodated by the city’s available day-care facilities. The trial court upheld the constitutionality of the challenged expenditures, and Hopper appealed.

Rule of Law

Issue

Holding and Reasoning (Hanley, J.)

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