Hydro Conduit Corp. v. Kemble

OPINION

MONTGOMERY, Justice.

The issue in this case is whether sovereign immunity bars a claim against the state for unjust enrichment. The trial court held that it does and granted the state’s motion to dismiss the complaint for failure to state a claim upon which relief could be granted. We hold that the trial court was correct and affirm: A claim for unjust enrichment is an action “based on contract” within the grant of immunity to governmental entities under NMSA 1978, Section 37-1-23.

I

During 1984, the State of New Mexico, through the Office of Military Affairs/Civil Emergency Preparedness…