Utah Const. Co. v. State Highway Commission

In Utah Const. Co. v. State Highway Commission, 45 Wyo. 403, 19 P.2d 951 (1933) the Court made clear that, because the State cannot be sued except as it has, itself, allowed, compliance with the constitution and the statutes implementing the constitution's mandates is "' a question of jurisdiction and could be raised at any time, and could not be waived .... '" Thus, "the objection that the plaintiff has failed to perform a condition that would have given him a right to sue raises a question of jurisdiction." Id. Furthermore, while the specific issue before the court was the failure to present a governmental claim, rather than to verify it, the Court held that implementing statutes "cannot be given a meaning that would permit an evasion of the mandatory constitutional provision." Id. at 953.