Legal Opinion

Erickson Oil Products, Inc. v. State

Court of Appeals of Wisconsin

Decided April 5, 1994No. 93-2154PublishedCited by 13 opinions

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

  1. Smith v. StateSupreme Court of North Carolina · 1976
  2. Lister v. Board of Regents of the University of Wisconsin SystemWisconsin Supreme Court · 1976
  3. Elliott v. DonahueWisconsin Supreme Court · 1992
  4. McCall v. BatsonSupreme Court of South Carolina · 1985
  5. Carr v. State ex rel. CoetlosquetIndiana Supreme Court · 1891

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3Cited by13 opinions

  1. Adam R. Mayhugh v. State of WisconsinWisconsin Supreme Court · 2015
  2. Brown v. StateCourt of Appeals of Wisconsin · 1999
  3. Weis v. Board of Regents of the University of Wisconsin SystemDistrict Court, E.D. Wisconsin · 2011
  4. Wisconsin Retired Teachers Ass'n v. Employe Trust Funds BoardCourt of Appeals of Wisconsin · 1995
  5. Canadian National Railroad v. NoelCourt of Appeals of Wisconsin · 2007

8 more not listed; retrieve them via the Exa API.

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