Rifenburg Construction, Inc. v. Brier Creek Associates Ltd. Partnership

TYSON, Judge.

The North Carolina Department of Transportation (“NCDOT”) appeals from an order denying its motion to dismiss, upon sovereign immunity grounds, Rifenburg Construction, Inc.’s (“plaintiff’) third cause of action.

I. Facts

Plaintiff is a New York corporation that is authorized to do business in North Carolina. Defendant Brier Creek Associates Limited Partnership (“Brier Creek”) is a Delaware limited liability corporation authorized to do business in North Carolina. Defendants RTP Assemblage Associates, LLC, Athena Airport Assemblage, LP, and Athena Airport Assemblage Corp are either…