Town of Beloit v. County of Rock

2003 WI 8, 259 Wis. 2d 37, 657 N.W.2d 344 (2003)

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Town of Beloit v. County of Rock

Wisconsin Supreme Court
2003 WI 8, 259 Wis. 2d 37, 657 N.W.2d 344 (2003)

DC

Facts

The city of Beloit (the city) (defendant) planned to develop the Heron Bay Subdivision to create jobs, expand the tax base, and provide additional single-family housing units within the city. Additionally, because Heron Bay was located in an ecologically sensitive area, the city determined that the best way to protect the environment was for the city to develop the area itself. Profits earned from the development project were designated to go to the town treasury. The Green-Rock Audubon Society (plaintiff) challenged the city’s development plan under the Wisconsin Constitution’s public-purpose doctrine. The circuit court granted summary judgment for the Audubon Society, and the city appealed. The appellate court reversed, finding that the town’s goals in developing the subdivision were sufficient under the public-purpose doctrine of the Wisconsin Constitution. The Audubon Society subsequently appealed the ruling.

Rule of Law

Issue

Holding and Reasoning (Crooks, J.)

Dissent (Abrahamson, C.J.)

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