Sovereign Immunity

By: WISCONSIN LAW JOURNAL STAFF//April 24, 2023//

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WI Court of Appeals – District I

Case Name: Sheboygan County v. State of Wisconsin Dept. of Health Services

Case No.: 2021AP001048

Officials: Brash, C.J., Donald, P.J., and Dugan, J.

Focus: Sovereign Immunity

Sheboygan County appeals from an order of the circuit court dismissing its declaratory judgment action filed against the State of Wisconsin, Department of Health Services, and the Wisconsin Secretary of State (collectively the State). On appeal, the County argues that the circuit court improperly found that its declaratory judgment action against the State was barred by sovereign immunity and that its claim seeking financial contribution from the State for the care of T.L. was not raised in the proper forum. The County further argues that the State has a statutory obligation to contribute to the costs for T.L.’s care.

The appeals court disagrees with Sheboygan County, and concludes that the County’s declaratory judgment action is barred by sovereign immunity.

Affirmed.

Decided 04/18/23

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