CleanSoils Wisconsin, Inc. v. State of Wisconsin Department of Transportation

The State Department of Transportation (DOT) and the State Department of Commerce (DOC) appeal from the circuit court's order holding that the State had consented to suit, therefore denying the State's motion to dismiss for lack of personal jurisdiction based on the sovereign immunity of the State and its agencies. This appeal presents three issues: (1) whether legislative adjournment constitutes a refusal of claim, thereby mandating a finding that CleanSoils Wisconsin, Inc. (CleanSoils) had satisfied the statutory conditions precedent for bringing suit against the State; (2) whether…