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.
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
