Wisconsin Fertilizer Asso. v. Karns

The issue is whether an action for declaratory judgment pursuant to sec. 269.56, Stats., may be brought against the commissioner of the motor vehicle department to challenge his determination that the described vehicles are not “implements of husbandry” within the meaning of sec. 340.01 (24). The issue thus stated presents the following two questions:(1) Whether such a suit is in substance a suit against the state and therefor prohibited by the doctrine of sovereign immunity.(2) Whether a petition for a declaratory ruling of the commissioner pursuant to sec. 227.06, Stats., is an exclusive…