Boatwright v. Mayor of Flemington

I fully concur in Divisions 1 and 2 of the majority opinion. However, I cannot agree with Division 3 of the majority opinion, nor with the reversal of the order dismissing the complaint for failure to state a claim. In order to place this case in its proper perspective with respect to the doctrine of sovereign immunity, it must be emphasized that the underlying action was against the City of Flemington. Although the defendant was styled as “Mayor and Council of the City of Flemington,” the only defendant is the city, and neither the mayor nor members of the council were joined as defendants.…