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CLEANSOILS WISCONSIN, INC. v. DOT

No. 98-3374.

229 Wis.2d 600 (1999)

599 N.W.2d 903

CLEANSOILS WISCONSIN, INC., Plaintiff-Respondent, v. STATE of Wisconsin DEPARTMENT OF TRANSPORTATION and State of Wisconsin Department of Commerce, Defendants-Appellants, JAMES PETERSON SONS, INC., Employers Insurance of Wausau and Harold Bean, Defendants-Respondents, CENTRAL WISCONSIN ENGINEERS AND ARCHITECTS, and Fireman's Fund Insurance Company, Defendants.

Court of Appeals of Wisconsin.

Decided July 27, 1999.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the briefs of James E. Doyle, attorney general, and Kathleen M. Ptacek, assistant attorney general of Madison.

On behalf of the defendants-respondents, James Peterson Sons, Inc., and Employers Insurance of Wausau, the cause was submitted on the brief of Brian W. Mullins and Carl A. Sinderbrand of Wickwire Gavin, P.C. of Madison.

On behalf of the defendant-respondent, the cause was submitted on the brief of Hugh R. Braun and Jeffrey L. Janik of Godfrey, Braun & Frazier of Milwaukee.

Before Cane, C.J., Myse, P.J., and Wedemeyer, J.

CANE, C.J.

The State Department of Transportation (DOT) and the State Department of Commerce (DOC) appeal from the circuit court's order holding that the State had consented to suit, therefore denying the State's motion to dismiss for lack of personal jurisdiction based on the sovereign immunity of the State and its agencies.1 This appeal presents three issues:(1) whether legislative adjournment constitutes a refusal of claim, thereby...

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