Jackson v. City of Madison

• Decision Date: 10 January 1961
• Citation: 107 N.W.2d 164,12 Wis.2d 359
• Parties: Joseph W. JACKSON, Appellant, v. CITY OF MADISON et al., Respondents.
• Court: Wisconsin Supreme Court

Page 164

107 N.W.2d 164

12 Wis.2d 359

Joseph W. JACKSON, Appellant, v. CITY OF MADISON et al., Respondents.

Supreme Court of Wisconsin.

Jan. 10, 1961.

Ela, Christianson, Ela, Esch, Hart & Clark, Madison, for appellant.

Harold E. Hanson, City Atty., Randolph R. Conners, Madison, for respondents.

MARTIN, Chief Justice.

Two questions are raised by the appellant:

1. Will it be a gross abuse of discretion by the Madison city council to spend $5,500,000 of its taxpayers' money to build a civic auditorium and parking ramp on the bed of Lake Monona which is owned by the state and for the use of which the state has granted to the city only a revocable permit?

2. Does sec. 66.073, Stats., as amended by ch. 8, Laws of 1959, prohibit erection of the proposed parking ramp and auditorium on the ends of Monona avenue and South Pinckney street in the city of Madison?

The city of Madison is in the process of planning and proposes to construct an auditorium, civic center and parking ramp on the so-called 'Monona Terrace' site, which area extends about 900 feet from the west side of South Carroll street across the end of Monona avenue which is now known as 'Law Park' to the east side of South Pinckney street. In width it would extend over approximately 300 feet of land reclaimed from Lake Monona to a dock line established by ch. 485, Laws of 1927 as amended by ch. 301, Laws of 1931.

By ch. 301, Laws of 1931, the legislature stated that the dock line thereby established was 'only for the purpose of authorizing said city of Madison to construct and maintain on, in, or over said Lake Monona, but not beyond said established line, parks, playgrounds, bathing beaches, municipal boathouses, piers, wharves, public buildings, highways, streets, pleasure drives and boulevards,' and granted to the city concurrent jurisdiction with the state of Wisconsin of and over the dock lines theretofore established by the city and the dock line established in said chapter.

In 1937 and 1945 the city established certain shore lines which included that along the area here involved, and in each case the public service commission approved the same under sec. 30.02(1)(a), Stats. Pursuant to permission granted by the legislatuse in 1955 the city brought a declaratory action against the state to determine the city's rights under ch. 485, Laws of 1927 and ch. 301, Laws of 1931. In that action the circuit court held the enactments constitutional in authorizing the city to construct the auditorium and civic center here described.

Thereafter the city filled in this shore of Lake Monona and built thereon a park, a parking lot and a public highway.

In 1953 a committee was named by the city council to ascertain, among other things, the feasibility of the proposed auditorium construction and various preliminary studies were made by firms engaged by said committee.

By ordinance in June of 1954 the Madison city council voted to issue its general obligation bonds in an amount not exceeding $4,000,000 to build and equip an auditorium and civic center building, subject to referendum of the electors. By such referendum on November 2, 1954 the bonds were approved, and were subsequently issued. Two advisory referenda were submitted at the same time, on which the electors approved the site in question and the employment of Frank Lloyd Wright as architect for the project.

Further surveys and tests were made to determine the suitability of the Monona Terrace site for the structure designed by Frank Lloyd Wright and in 1956, after receiving reports and recommendations from the experts who made the studies, the city entered into a contract for the employment of the Frank Lloyd Wright Foundation as architect for the project.

In November of 1956 the issuance of general obligation bonds in the sum of $2,500,000 by the city for the acquisition of 'sites for municipal parking lots and the construction of buildings and other equipment and appurtenances' with respect thereto was approved by the electors on a referendum. The city proposes to use $1,500,000 of the proceeds of these bonds, together with the $4,000,000 previously issued for the auditorium, in constructing said auditorium and a parking ramp.

Pursuant to authorization of the legislature, the city commenced an action for declaratory judgment involving the constitutionality of the 1927 and 1931 laws as they related to this proposed project. That action resulted in City of Madison v. State, 1957, 1 Wis.2d 252, 83 N.W.2d 674, where this court held that those enactments validly authorized the city to erect the proposed structure at the Monona Terrace site.

In 1957 the legislature passed a bill limiting the height of any building erected in this area, which would have prohibited construction of the proposed project. At the next session of the legislature, this law was repealed.

Appellant's first contention is that the expenditure of $5,500,000 by the Madison city council for construction on a site for the use of which the city has only a revocable permit from the state (as held in City of Madison v. State, supra), would constitute a gross abuse of discretion. In City of Madison v. State it was argued that the city has no authority to spend its funds for construction on such land, and this court stated (1 Wis.2d at page 260, 83 N.W.2d at page 679):

'The expenditure of tax money, however, would be a necessary incident of any filling or construction within the area described and must have been contemplated by the legislature when the authority was given.'

The general rule applicable is stated in 13 McQuillin, Municipal Corporation, Public Improvements, sec. 37.26, pp. 103 et seq. as follows 'Concerning the necessity or utility of local improvements, and the extent thereof, the proper municipal authorities, acting in good faith within the limits of the law applicable, and solely for the public welfare, may determine without judicial interference * * * the size, kind or location of a building, as for a library or memorial edifice; * * * necessity for auditorium and selection of a site for an auditorium. * * *'

The Madison city council has exercised its discretion in determining that the auditorium project shall be constructed at the Monona Terrace site and it has the state's permission to construct it there. This is not an abuse of its discretion simply because the state could divert the site to another public purpose sometime in the future.

We have held the enactments valid which authorize the construction of the project at the site in question and the expenditure of tax money on such construction was clearly contemplated by the legislature in granting that authority. The building height...