City of Kenosha v. State

Three procedural issues are dispositive of this appeal:

1. Does the defense of the sovereign immunity of the state against suit by Kenosha go to the subject-matter jurisdiction of the court, and is this defense then available in the instant case to both the state and the secretary of state, so that it can never be waived by the state or the secretary of state ?

2. If the defense of sovereign immunity of the state against suit by Kenosha is a matter of personal juris diction, was it waived by either the state or the secretary of state by a failure to raise that defense at trial or by a failure…