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DNR v. CITY OF WAUKESHA

No. 92-2530.

184 Wis.2d 178 (1994)

515 N.W.2d 888

State of Wisconsin DEPARTMENT OF NATURAL RESOURCES, Plaintiff-Appellant, v. CITY OF WAUKESHA, a municipal corporation, and d/b/a Waukesha Water Utility, Defendant-Respondent.

Supreme Court of Wisconsin.

Decided June 1, 1994.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was argued by Cynthia R. Hirsch, assistant attorney general, with whom on the brief were Lisa Levin, assistant attorney general and James E. Doyle, attorney general.

For the defendant-respondent there was a brief by Curt R. Meitz, Waukesha and Harold H. Fuhrman and Harold H. Fuhrman & Assoc., of counsel, Milwaukee and oral argument by Curt R. Meitz.

Amicus curiae brief was filed by Claire Silverman, assistant legal counsel, Madison for the League of Wisconsin Municipalities.

STEINMETZ, J.

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...

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