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GLENDALE DEVELOPMENT v. BOARD OF REGENTS

12 Wis.2d 120 (1960)

GLENDALE DEVELOPMENT, INC., Appellant, v. BOARD OF REGENTS OF THE UNIVERSITY OF WISCONSIN and others, Respondents.

Supreme Court of Wisconsin.

December 2, 1960.

Attorney(s) appearing for the Case

For the appellant there were briefs by Immell, Herro, Buehner & DeWitt of Madison, and oral argument by Jack R. DeWitt and Norman C. Herro.

For the respondent Board of Regents of the University of Wisconsin the cause was argued by Warren H. Resh, assistant attorney general, with whom on the brief was John W. Reynolds, attorney general, joined in by Stroud, Stebbins & Stroud of Madison, for the respondents Kelab, Inc., and Hilldale, Inc., and oral argument by Donald R. Stroud.

DIETERICH, J.

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:

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