Legal Opinion
Hoops Enterprises, III, LLC v. Super Western, Inc.
Court of Appeals of Wisconsin
Decided December 12, 2012No. 2012AP62PublishedCited by 2 opinions
1Opinion of the Court
REILLY, J.1
¶ 1. Sovereign immunity bars suit against the State of Wisconsin unless the legislature has clearly and expressly consented to be sued. Hoops Enterprises, III, LLC filed a lawsuit against the State in an action seeking relief due to damage allegedly caused by roadwork overseen by the Department of Transportation (DOT). The State moved to dismiss on grounds of sovereign immunity. The circuit court denied the State's motion, concluding that Wis. Stat. §§ 88.87 and 32.182 authorized the claims asserted by Hoops against *736the State. We reverse as the statutes relied upon by Hoops do not…
2Cases cited10 opinions
- Lister v. Board of Regents of the University of Wisconsin SystemWisconsin Supreme Court · 1976
- Zinn v. StateWisconsin Supreme Court · 1983
- State v. P.G. Miron Construction Co.Wisconsin Supreme Court · 1994
- Johnson v. Cintas Corp. No. 2Wisconsin Supreme Court · 2012
- Fiala v. VoightWisconsin Supreme Court · 1980
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3Cited by2 opinions
- Boyer v. BNSF Railway Co.Court of Appeals for the Seventh Circuit · 2016
- Haas v. City of OconomowocCourt of Appeals of Wisconsin · 2017