Wisconsin Chapter House Ass'n of Phi Delta Theta v. Regents of the University of Wisconsin
Court: Wisconsin Supreme Court; December 4, 1951; Wisconsin; State Supreme Court
The Board of Regents is not accused of acting irregularly before the condemnation proceedings. However, the corporation argues that the Board lacked the authority to determine the necessity for condemning property under Sec. 32.07 (2) Stats. The key question is whether the Board of Regents qualifies as a 'board' as defined by the statute. Various statutory references consistently label the entity as a 'board,' including its control over the university and its corporate status. The corporation contends that Sec. 36.03, which designates the Regents as a corporate body, alters this classification, but no supporting authority is provided for this claim. They also highlight that while the Regents of the University of Wisconsin are not explicitly called a 'board' in Sec. 32.02 (1), this distinction could lead to an absurd outcome where one group can determine necessity while the other cannot. The court concludes that the Board of Regents is authorized under Sec. 32.07 (2) to determine the necessity for condemnation.
Additionally, the corporation argues that the Regents lack the authority to condemn private property for the Wisconsin Center Building project, which is funded and managed by the University of Wisconsin Foundation, a nonprofit corporation. The project, estimated at $2,000,000, has substantial funding secured, and upon completion, ownership will transfer to the university. The Foundation has engaged architects to develop plans for the building, which will serve various educational purposes. The statutes permit the Regents to acquire land for such educational developments.
Section 6 of Article X of the Constitution allows for the establishment of a state university, with specific statutes outlining its powers and objectives. Statute 36.01 establishes the university, while 36.03 grants the Regents authority to fulfill its purposes. Statute 36.06(5) permits the acquisition of land through condemnation, and 36.062 encourages scientific and scholarly pursuits. The university's mission, as detailed in 36.13, is to provide comprehensive education across various fields. Statute 36.14 empowers the Regents to expand programs in multiple disciplines.
The document references the case Schumm v. Milwaukee County, which set precedents regarding the authority of local governments to condemn land. Key points from that case include the need for clear public purpose and assurances of public use for condemned property. Unlike the Milwaukee case, the Regents' authority to condemn land is not questioned, and their public purpose—education—is unequivocal. The certainty of public use is established, as is the Regents' ability to accept gifts for the project without needing immediate funding. There are no abandonment clauses that would hinder the project, and the Regents will maintain exclusive control, ensuring they can determine the necessity of land acquisition.
The court concludes that the Regents have the authority to condemn the property for educational purposes, affirming the order. Justice Martin did not participate in the decision.
