Willow Creek Ranch, L.L.C. v. Town of Shelby

¶ 59. (dissenting). Wisconsin law has become unintelligible in explaining what rights and remedies are available to persons who have been injured by state or local government. The purpose of this dissent is to provide an overview of this dilemma and to show how it has led to a serious injustice in the present case.

I

¶ 60. In 1962, this court abrogated the principle of governmental immunity from tort claims. Holytz v. City of Milwaukee, 17 Wis. 2d 26, 115 N.W.2d 618 (1962). Our court declared that few tenets of American jurisprudence had been so unanimously berated as the governmental immunity…