Blackbourn v. Onalaska School Dist.

Gary Blackboum appeals from an order dismissing his claim against the Onalaska school district for failure to comply with the limitation period prescribed by sec. 893.80(l)(b), Stats. 1 The issue is whether the school district triggered the statute's six-month time limit for commencing suit by serving its notice of disallowance on Blackboum more than 120 days after he presented the school district with his claim.

We conclude that the six-month statute of limitations does not apply to any claim which a governmental unit fails to disallow within 120 days of presentation. Therefore, we reverse…