Erickson Oil Products, Inc. v. State
Court of Appeals of Wisconsin
1Opinion of the CourtCane, P.J.
The two issues in this appeal are whether the State has consented to be sued for specific performance of a contract for the sale of State surplus real estate and, if not, whether this results in an unconstitutional deprivation of a certain remedy guaranteed by Wis. Const, art. I, § 9. Because the State legislature has not clearly and expressly consented to be sued, the State retained its sovereign immunity, and because there is no right to hold a sovereign liable and, in any event, a remedy is available to Erickson, the trial court's judgment granting the State's motion to dismiss the lawsuit…
2Cases cited32 opinions
- Smith v. StateSupreme Court of North Carolina · 1976
- Lister v. Board of Regents of the University of Wisconsin SystemWisconsin Supreme Court · 1976
- Elliott v. DonahueWisconsin Supreme Court · 1992
- McCall v. BatsonSupreme Court of South Carolina · 1985
- Carr v. State ex rel. CoetlosquetIndiana Supreme Court · 1891
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3Cited by13 opinions
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- Canadian National Railroad v. NoelCourt of Appeals of Wisconsin · 2007
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