Browndale Intern. Ltd. v. Board of Adjustment for Dane County
| Citation | 60 Wis.2d 182,208 N.W.2d 121 |
| Decision Date | 18 June 1973 |
| Docket Number | No. 403,403 |
| Parties | BROWNDALE INTERNATIONAL LTD., a Canadian corp., Plaintiff-Respondent, v. BOARD OF ADJUSTMENT FOR the COUNTY OF DANE, etc., Defendant-Appellant, Town of Cottage Grove, Intervenor-Appellant. |
| Court | United States State Supreme Court of Wisconsin |
LaFollette, Sinykin, Anderson & Abrahamson, A. Roy Anderson, Madison, for defendant-appellant.
Lloyd A. Schneider, McFarland, for intervenor-appellant.
Ross, Stevens, Pick & Ross, Richard C. Glesner and Robert D. Martin, Madison, for plaintiff-respondent.
Dane county, for zoning purposes, is divided into 13 districts. Sec. 10.02(1), Ordinance. The district in question is an A--1 Agricultural District. Under sec. 10.12(1) of the ordinance, certain 'permitted uses' for an A--1 Agricultural District are enumerated. Site approval is not required. One such 'use' is a 'single family detached dwelling unit.' Under sec. 10.12(2) of the ordinance other enumerated uses are also permitted but only upon first obtaining site approval.
Sec. 10.01(18)(a) of the ordinance defines a 'single family dwelling' as: 'A building designed for and occupied exclusively as a residence for one family.' Sec. 10.01(19) defines 'family' as: 'Any number of individuals related by blood or marriage, or not to exceed five (5) persons not so related, living together on the premises as a single housekeeping unit, including any domestic servants.' The basic issue in this action is whether a Browndale therapeutic home falls within the meaning and definition of a single family dwelling unit. If it does then the homes can be located in the area in question without site approval.
The nature of the Browndale therapeutic home and its intended purposes (for the care and maintenance of emotionally disturbed children) first requires an understanding of what Browndale International, Ltd., is, its history and what is its purpose. John L. Brown is the founder and president of this Canadian corporation. Mr. Brown is a phychiatric social worker by profession. He has worked with emotionally disturbed children since 1944. For several years he worked at the Warrendale Institution in Ontario. Over the years the institution changed over to a family model treatment center. In 1966, Mr. Brown started his own privately operated Browndale program. This program branched out into the United States. The program's purpose is to treat the disturbed children in the community. The method centers around the concept of normalizing a child's lifestyle as much like a child who has been living with his own family. It is a therapeutic family concept of care which attempts to duplicate the family life.
Browndale International, Ltd., itself is not the corporation engaged in the direct care and maintenance of these emotionally disturbed children; nor is it licensed by the State of Wisconsin as a child welfare agency. Rather, a state licensed corporation called 'Involvement Centers, Wisconsin, Inc.,' (hereinafter Involvement Center or Center) provides the care and operates these homes. The Involvement Center is licensed under sec. 48.60, Stats., as a child welfare agency. The places of care provided for the children are referred to by the Department of Health and Social Services as 'child welfare institutions' under its rules and regulations. The Involvement Center is a subsidiary or an affiliated corporation of Browndale International, Ltd. 2 The Involvement Center was incorporated in December of 1971 and consists of 15 stockholders, to wit: Browndale, Mr. Brown and his wife, two people from Arizona and Minnesota, two people from Ontario, and the senior staff of the Wisconsin operation.
The property in question consists of two adjacent pieces of land of about 182 acres located in an A--1 agricultural district in the town of Cottage Grove. This property is what precipitated the appeal. Browndale had contracted to purchase six homes located on this property. Of the six homes, one is already licensed and a permit was granted as of January of 1972. The reason Browndale contracted to purchase this property was so it could lease residences for profit to the Involvement Center. The Center intends to use the property for the purpose of establishing homes for 'therapeutic families.' It should be noted that Browndale is eventually planning to have 21 homes for 105 children in this state. There are already six homes in Dane county and another five homes are planned for the town of Cottage Grove. The number of children in each home varies from eight in the town of Fitchburg to four in the only home licensed and permitted in Cottage Grove. By contractual agreement, Browndale provides the facilities and furnishings for these buildings the Center leases. The rent per month depends on how many children are in each home unit. The amount varies from not less than $400 to not more than $1,000 per month. The lease provides that the Center pay all real estate taxes. The Center's source of income is a $37 fee for each child taken care of per day. The fee is paid by the county and the state. The one therapeutic home in Cottage Grove that is in 'use' is not presently owned by Browndale. Rather, Browndale is renting the home from one Mr. Moe for $250 per month. Browndale then subleases it to the Center for $400 per month rent.
The initial operation for these therapeutic homes in Dane county began in September of 1971. The average stay for a child is fifteen months. The projected gross revenue for 1972 in Dane county (based on a planned 105 children in 21 homes) was somewhere between one to 1.3 million dollars. Mr. Brown testified that the net profit budgeted for the Browndale operation is estimated at three to six percent. But the record shows that the actual profit factor for 1972 turned out to be eight to 10 percent.
The emotionally disturbed children who are housed in these homes are either neglected, dependent or delinquent. The children are involuntarily placed in these homes by the juvenile court. The purpose is for treatment and rehabilitation. However, once the children is placed there he is not forced to remain. The child, if he desires, can be relocated elsewhere. The four children presently at the Cottage Grove home '. . . are the 1% of the most disturbed children in the State.' 3 The children need intensive and extensive care and treatment, and are under strict supervision. If they are able to, they attend area schools.
Each therapeutic home is staffed with the following personnel: Therapeutic parents who supervise the children and the program. They function as surrogates and are responsible for the child 24 hours a day. They do not live there. There are no set hours of work; rather, the hours put in depend upon the pattern of life-style that they create for each home. Most importantly, the therapeutic parents are not supposed to identify to these children as their parents, nor act as substitutes for the biological parents, nor provide the children with a mother-father image. Mr. Brown's testimony is descriptive of their role:
'Q. Do the children identify with the therapeutic parents? In other words, do they refer to them as a father image?
'A. No, we don't use that because we have to remember that while we treat the child as though he were our own, because that is what he needs, he is not our own and we can't get back from him--he belongs to somebody else. He is somebody else's child, and so part of our work is to include the biological family as well. Now this is hard for most people to understand because we have been used to the idea that if their own family couldn't take care of a child, you gave the kid to somebody else to take care of and he was theirs. We don't operate that way. We say we will give the child what he needs without claiming him. Who should claim him are his biological kin.
In addition to the therapeutic parents, other staff members are employed to assist them. An individual is hired to cook and clean, and another to supervise the children at night. A social worker and a nurse are assigned to the house. The nurse is the only part-time employee. The social worker and nurse may work at one or more houses depending upon the problems and experiences encountered with such houses.
The salaries of the personnel for the Cottage Grove home are paid in part by both Browndale and the Center. A weekly allowance is also given to the Cottage Grove home in the amount of $4 per child per day. This money is used for food, clothing and miscellaneous household expenses such as Kleenex, non-grocery items, etc. The two therapeutic parents receive a minimum of $125 each per week, plus all health and medical group insurance and 40 days of vacation each year. The night supervisor and the individual who cooks and cleans receives $1.60 per hour, and works from 36 to 48 hours per week. The nurse receives $225 to $250 per month. The social worker receives $10,000 per year. An extra staff is hired to handle any potential crisis at the home or to substitute for a staff member. This 'extra staff' receives $135 per week. A medical doctor and psychiatrist are on call and receive $20 to $30 per hour when needed. The general personnel for Browndale and the Center are: ...
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