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KALLEMBACH v. STATE

No. 84-1472.

129 Wis.2d 402 (1986)

385 N.W.2d 215

Leonard R. KALLEMBACH, Plaintiff-Respondent and Cross-Appellant, v. STATE of Wisconsin, Defendant-Appellant and Cross-Respondent.

Court of Appeals of Wisconsin.

Decided February 20, 1986.

Attorney(s) appearing for the Case

For the defendant-appellant and cross-respondent the cause was submitted on the briefs of Bronson C. La Follette, attorney general, and Bruce A. Olsen, assistant attorney general.

For the plaintiff-respondent and cross-appellant the cause was submitted on the briefs of James D. Wickhem and Wickhem, Buell, Meier, Wickhem & Southworth, S.C. of Janesville.

Before Gartzke, P.J., Dykman, J., and Eich, J.

GARTZKE, P.J.

The state appeals from a judgment on a verdict awarding Leonard Kallembach damages for the state's failure to construct a suitable driveway entrance to his property pursuant to sec. 86.05, Stats., as part of a highway improvement. The state argues that Kallembach's action is barred by sovereign immunity. Wis. Const. art. IV, sec. 27. The state contends that its motion for summary judgment raising this defense should have been granted and the case was...

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