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ERICKSON OIL PRODUCTS, INC. v. STATE

No. 93-2154.

184 Wis.2d 36 (1994)

516 N.W.2d 755

ERICKSON OIL PRODUCTS, INC., a Wisconsin corporation, Plaintiff-Appellant, v. STATE of Wisconsin, Wisconsin Department of Transportation, Wisconsin Department of Development, Defendants-Respondents, S/S/G CORPORATION, a Wisconsin corporation, Defendant.

Court of Appeals of Wisconsin.

Decided April 5, 1994.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Jeffrey R. Ansel, Eric J. Nystrom and Craig A. Brandt and the oral argument by Eric J. Nystrom of Winthrop & Weinstine, P.A. of St. Paul, Minnesota.

On behalf of the defendants-respondents, the cause was submitted on the brief of James E. Doyle, attorney general, and Charles R. Larsen, assistant attorney general, and the oral argument by Charles R. Larsen.

Before Cane, P.J., LaRocque and Myse, JJ.

CANE, P.J.

The two issues in this appeal are whether the State has consented to be sued for specific performance of a contract for the sale of State surplus real estate and, if not, whether this results in an unconstitutional deprivation of a certain remedy guaranteed by WIS. CONST. art. I, § 9. Because the State legislature has not clearly and expressly consented to be sued, the State retained its sovereign immunity...

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