Gillen v. City of Neenah

SHIRLEY S. ABRAHAMSON, CHIEF JUSTICE

¶ 59. (concurring). Although I agree that the plaintiffs' failure to file a notice of claim with the City of Neenah pursuant to Wis. Stat. § 893.80(l)(b) (1993-94)1 does not bar the plaintiffs' action against the City, I cannot join Part II of the per curiam opinion for several reasons.

¶ 60. First and fundamentally, the holding of the per curiam opinion is not applicable to the facts of this case. The per curiam opinion holds that because the plaintiffs' complaint sought injunctive relief under Wis. Stat. § 30.294, no notice of claim need be filed with the…