00-2346 Bishop et al., v. City of Burlington

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The parking lot conveyance is part of the City’s redevelopment effort. The private citizen, who is a real estate developer, did not pay cash for the lot, but agreed to give the City a riverfront parcel, perform several rehab jobs, and to maintain a public parking lot for a period of years.

We reject the taxpayer’s argument that the public purpose doctrine requires that public property be devoted to public purposes even after it has been conveyed to the private sector. Our review of the record discloses that the purpose of the conveyance was to promote the rehabilitation of downtown Burlington. The rehabilitation of deteriorating public facilities, the establishment of a riverfront walkway, and the temporary use of the parking lot during the City’s construction of another lot are legitimate public purposes.

Affirmed.

Recommended for publication in the official reports.

Dist II, Racine County, Kreul, J., Brown, J.

Attorneys:

For Appellant: Robert E. Hankel, Racine

For Respondent: Michael J. Cieslewicz, West Allis