City of Racine v. Waste Facility Siting Board

¶1. Residents Against Trash Expansion (RATE) appeals a circuit court decision granting summary judgment to the City of Racine (City). The circuit court held that RATE'S failure to file a notice of claim with the City, pursuant to Wis. Stat. § 893.80(l)(b) (reprinted below),1 prior to RATE'S counterclaim against the City, required dis*619missal of RATE'S counterclaim. We agree. The plain language of the statute and case law dictate that compliance with § 893.80(l)(b) is a necessary prerequisite to all actions, including counterclaims, brought against governmental subdivisions. Other statutes…