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Case No. 22-1995

Terrace Hill Society Foundation
v.
Terrace Hill Commission and Kristin Hurd, in her official capacity as Chairperson of the Terrace Hill Commission

The Terrace Hill Commission, a state agency, sought interlocutory review of the district court’s denial of its motion to dismiss the Terrace Hill Society Foundation’s (THSF’s) action for declaratory judgment. THSF sought a declaration it owned the historical collection of items donated to it and that were placed at Terrace Hill. The Commission argues it did not waive sovereign immunity from THSF’s suit because: (1) THSF and its predecessors, the Terrace Hill Society and the Terrace Hill Foundation, have always worked for or on behalf of the Commission, and have always been instrumentalities of the Commission, meaning the Commission owns the items placed at Terrace Hill; (2) the Commission cannot be sued by an instrumentality of the State; and (3) though sovereign immunity can be waived where the State enters into contracts, THSF has not brought a breach-of-contract action, and the parties’ course of conduct also does not support waiver.

County:
Polk
Trial Court Case No.:
CVCV063570

Appellee

Terrace Hill Society Foundation

Appellant

Terrace Hill Commission and Kristin Hurd, in her official capacity as Chairperson of the Terrace Hill Commission

Attorney for the Appellee

Jason M. Casini

Attorneys for the Appellant

Eric Wessan
Andrew Ewing

Supreme Court

Oral Argument Schedule

15-15-5

Feb 21, 2024 9:00 AM

Briefs

Supreme Court Opinion

Opinion Number:
22-1995
Date Published:
May 03, 2024

Other Information

Date Retained:
Oct 31, 2023
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