Morgenroth & Associates, Inc. v. Town of Tilton

The plaintiff, Morgenroth & Associates, Inc., seeks to recover from the defendants, the Towns of Tilton and Northfield and the State of New Hampshire, the cost of preparing engineering plans for the construction of sewerage systems in those towns. The Superior Court (Batchelder, J.) granted the defendants’ motions to dismiss for lack of jurisdiction under RSA 491:8 because the pleadings failed to allege an express or implied in fact contract with the State. The plaintiff appeals, arguing 1) that RSA 491:8 abrogates the State’s sovereign immunity for contracts implied in law as well as for…