Martineau v. State Conservation Commission

The sole issue presented on this appeal is whether appellant is entitled to have a reasonable amount of attorney’s fees assessed against the state in this action.

This court has frequently held that costs may not be taxed against the state or an administrative agency of the state unless expressly authorized by statute. Frankenthal v. Wisconsin Real Estate Brokers’ Board (1958), 3 Wis. 2d 249, 257, 258, 88 N. W. 2d 352, 89 N. W. 2d 825; Klingseisen v. State Highway Comm. (1964), 22 Wis. 2d 364, 370, 126 N. W. 2d 40; cf: State ex rel. Reynolds v. Smith (1963), 19 Wis. 2d 577, 583, 120 N. W. 2d…