4 N.W.2d 125 | Wis. | 1942
Action in equity to restrain trespass. This action was begun on December 31, 1940, by Virginia Rehfuss, plaintiff, against the city of La Crosse, a municipal corporation, defendant, seeking a permanent injunction restraining the defendant, its agents and servants, from trespassing upon certain lands alleged to belong to the plaintiff. In the complaint it is alleged that the plaintiff for more than twenty years last past has been the owner of the lands in question; that the city of La Crosse by and through its park board and the agents and servants of the park board and city trespassed upon the said premises, claiming the right to do so on the ground that the city of La Crosse was the legal owner of the lands; that the defendant city claims ownership under and by virtue of certain condemnation proceedings conducted and carried on in the *620 circuit court for La Crosse county for the acquisition thereof; said lands to be acquired for the benefit of the trustees of the La Crosse Public Library; that the said La Crosse Public Library is operated, managed, and controlled by a self-perpetuating board of directors, seven in number, and that said defendant has no control over said library or its directors or employees; that the city of La Crosse does, however, annually levy a special library tax and appropriates the same to the said corporation, said money being used for the operation and maintenance of said corporation.
The defendant demurred to the complaint, and from an order entered on August 22, 1941, sustaining said demurrer, the plaintiff appeals.
We shall consider the principal contention made by the plaintiff without deciding whether the action was begun in the proper form. The contention of the plaintiff here is that the city of La Crosse may not condemn lands for the benefit of the La Crosse Public Library for the reason that the La Crosse Public Library is a private corporation; that the power conferred upon the city by sec.
It is stated in the complaint that the La Crosse Public Library is as its name implies a public and not a private library. That the maintenance and operation of a library by a nonprofit corporation for the use of the general public is a public purpose cannot be questioned. It was so held in Stateex rel. La Crosse Public Library v. Bentley (1916),
By the Court. — Order appealed from is affirmed. *622