Can Am South, LLC v. State, North Carolina Department of Health & Human Services

HUNTER, Robert C., Judge.

The State of North Carolina (“the State”), the North Carolina Department of Health and Human Services (“DHHS”), and the North Carolina Department of Administration (collectively “defendants”) appeal from an order denying their motion to dismiss. Can Am South, LLC (“plaintiff’) filed suit against defendants for breach of contract and declaratory judgment. Defendants argue that the trial court erred by: (1) denying defendants’ motion to dismiss plaintiff’s claim for a declaratory judgment because defendants did not waive sovereign immunity, or in the alternative, the…