Stewart v. Graham

WHICHARD, Judge.

All parties agree that the issue determined by the trial court and hence reviewable on appeal is whether the trial court’s jurisdiction over the subject matter of the controversy is defeated by the doctrine of sovereign immunity. Under that doctrine, the State cannot be sued without its consent. Smith v. State, 289 N.C. 303, 309, 222 S.E. 2d 412, 417 (1976).

Consent is implicitly given, however, whenever the State enters into a valid contract. Id. at 320, 222 S.E. 2d at 423-24. In the event it breaches, the State has implicitly consented to be sued for damages on the contract.…