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HOOPS ENTERPRISES, III v. SUPER WESTERN

No. 2012AP62.

827 N.W.2d 120 (2012)

345 Wis.2d 733

2013 WI App 7

HOOPS ENTERPRISES, III, LLC, Plaintiff-Respondent, v. SUPER WESTERN, INC. and Kapur & Associates, Inc., Defendants, State of Wisconsin and its Agency the Department of Transportation, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed December 12, 2012.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Richard Briles Moriarty , assistant attorney general, and J.B. Van Hollen , attorney general.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Victor E. Plantinga of Rose & deJong, S.C., Milwaukee.

Before BROWN, C.J., REILLY and GUNDRUM, JJ.

REILLY, J.1

¶ 1 Sovereign immunity bars suit against the State of Wisconsin unless the legislature has clearly and expressly consented to be sued. Hoops Enterprises, III, LLC filed a lawsuit against the State in an action seeking relief due to damage allegedly caused by roadwork overseen by the Department of Transportation (DOT). The State moved to dismiss on grounds of sovereign immunity...

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