Legal Opinion

Hartford Union High School v. City of Hartford

Wisconsin Supreme Court

Decided June 25, 1971No. 117PublishedCited by 7 opinions

1Opinion of the CourtHallows, 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 but recognizes immunity of the school district, not because of sovereignty but because the state has affirmatively acted in such a…

2Cases cited15 opinions

  1. Hall v. City of TaftCalifornia Supreme Court · 1956
  2. Van Gilder v. City of MadisonWisconsin Supreme Court · 1936
  3. State Ex Rel. Warren v. ReuterWisconsin Supreme Court · 1969
  4. Board of Regents of the Universities & State College v. City of TempeArizona Supreme Court · 1960
  5. Pasadena Sch. Dist. v. City of PasadenaCalifornia Supreme Court · 1913

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3Cited by7 opinions

  1. Kristin Beul v. Asse International, Inc.Court of Appeals for the Seventh Circuit · 2000
  2. (1974), Wisconsin Attorney General Reports1974
  3. Opinion No. Oag 108-77, (1977), Wisconsin Attorney General Reports1977
  4. Opinion No. Oag 58-81, (1981), Wisconsin Attorney General Reports1981
  5. (1974), Wisconsin Attorney General Reports1974

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