Legal Opinion

State ex rel. Department of Development v. State of Building Commission

Wisconsin Supreme Court

Decided June 9, 1987No. 86-1137-OAPublishedCited by 1 opinion

1Opinion of the CourtDay, 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 *4(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 of the Wisconsin Constitution ban on state involvement in "internal improvements.” The original provision in the Constitution of 1848 read as follows:

"The state shall never contract any debt for works of…

2Cases cited12 opinions

  1. State Ex Rel. Warren v. NusbaumWisconsin Supreme Court · 1973
  2. State ex rel. Attorney General v. DonaldWisconsin Supreme Court · 1915
  3. State Ex Rel. La Follette v. ReuterWisconsin Supreme Court · 1967
  4. Townsend v. Wisconsin Desert Horse Ass'nWisconsin Supreme Court · 1969
  5. Wisconsin Solid Waste Recycling Authority v. EarlWisconsin Supreme Court · 1975

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3Cited by1 opinion

  1. Development Dept. v. BLDG. COMM'NWisconsin Supreme Court · 1987

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