XTL-NH, Inc. v. New Hampshire State Liquor Commission & a.

The plaintiff, XTL-NH, Inc. (XTL), appeals an order of the Superior Court ( McNamara , J.) ruling that defendant New *899 Hampshire State Liquor Commission (Commission) did not breach its obligation to provide a competitive bidding process that complied with New Hampshire law. The Commission cross-appeals the trial court's ruling that sovereign immunity did not bar XTL's promissory estoppel claim. Because we agree with the Commission, we vacate and remand to the trial court with instructions to dismiss for lack of subject matter jurisdiction.

I

The pertinent facts follow. In March 2012, the…