State Department of Natural Resources v. City of Waukesha

This appeal presents three related issues for review:

1) Does sec. 893.80(1), Stats., 1 the notice of claim statute, apply in all actions or only in tort actions?

2) Must the state of Wisconsin comply with the notice of claim statute when bringing a claim against a governmental body?

3) If the notice of claim statute does apply in all actions and if the state must comply with the notice of claim statute, did the state substantially comply with the statute in this case?

We hold that the notice of claim statute, sec. 893.80(1), Stats., applies in all actions, not just in tort actions. We also hold…