Lincoln Construction Co. v. Property Control & Construction Division of the Department of Administration

Appellant’s first assignment of error is directed to the court’s order overruling defendant’s demurrer to plaintiff’s complaint. Defendant’s demurrer challenged the jurisdiction of the superior court to adjudicate the matters alleged in the complaint.

It is settled as a general rule that the State may not be sued unless by statute it has consented to be sued or has otherwise waived its immunity from suit. Teer Co. v. Highway Commission, 265 N.C. 1, 143 S.E. 2d 247; Ferrell v. Highway Commission, 252 N.C. 830, 115 S.E. 2d 34. The defendant in this case is an agency of the State. It is not…