Glendale Development, Inc. v. Board of Regents of the University of Wisconsin

The issue raised on the demurrer interposed by the state of Wisconsin is whether the state of Wisconsin is a necessary party to a proper determination of the rights of the parties.

The plaintiff is in accord with the general proposition of law that the state is immune from suit in the absence of consent. Plaintiff contends, however, that under sec. 262.10, Stats. 1959, the state may be made a party.

Sec. 262.10, Stats., provides:

“Service on state ; judgment. The state may be made a party defendant in any action to quiet title under the provi*126sions of sec. 281.01 or between other parties, when…