Mattox v. State

CARSON, Judge.

It is well founded that a sovereign State may be sued by a private individual only when the State has given permission to do so. Ferrell v. Highway Commission, 252 N.C. 830, 115 S.E. 2d 34 (1960); Smith v. Hefner, 235 N.C. 1, 68 S.E. 2d 783 (1952); Shipyard, Inc. v. Highway Comm., 6 N.C. App. 649, 171 S.E. 2d 222 (1969). The plaintiffs acquired the right to sue the State in their first action pursuant to G.S. 41-10.1. They allege that this statute allows them to sue the State here for the fair rental value of the property. G.S. 41-10.1 provides:

Trying title to land where State…