Kallembach v. State

The state appeals from a judgment on a verdict awarding Leonard Kallembach damages for the state's failure to construct a suitable driveway entrance to his property pursuant to sec. 86.05, Stats., as part of a highway improvement. The state argues that Kallembach's action is barred by sovereign immunity. Wis. Const, art. IV, sec. 27. The state contends that its motion for summary judgment raising this defense should have been granted and the case was improperly tried. We conclude that because the state has not consented to suit under sec. 86.05, the complaint should have been dismissed. We…