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KENOSHA v. STATE

35 Wis.2d 317 (1967)

CITY OF KENOSHA, Appellant, v. STATE and another, Respondents.

Supreme Court of Wisconsin.

June 6, 1967.

Attorney(s) appearing for the Case

For the appellant there were briefs and oral argument by Burton A. Scott, city attorney.

For the respondents the cause was argued by Robert J. Vergeront, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.

A brief amicus curiae was filed by Julian Bradbury of Madison, for the League of Wisconsin Municipalities.

WILKIE, J.

Three procedural issues are dispositive of this appeal:

1. Does the defense of the sovereign immunity of the state against suit by Kenosha go to the subject-matter jurisdiction of the court, and is this defense then available in the instant case to both the state and the secretary of state, so that it can never be waived by the state or the secretary of state?

2. If the defense of sovereign immunity of the state against suit by Kenosha is...

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