BROOKS v. N.C. DEPT. OF TRANSP.

No. 9310SC962.

443 S.E.2d 897 (1994)

John C. BROOKS, Commissioner of Labor of North Carolina, Complainant, v. N.C. DEPARTMENT OF TRANSPORTATION, Iredell County Road Maintenance, Respondent.

Court of Appeals of North Carolina.

June 7, 1994.


Attorney(s) appearing for the Case

Atty. Gen., Michael F. Easley by Associate Atty. Gen., Linda Kimbell, Raleigh, for complainant-appellee.

Atty. Gen., Michael F. Easley by Sp. Deputy Atty. Gen., Grayson G. Kelley and Asst. Atty. Gen., David R. Minges, Raleigh, for respondent-appellant.


WELLS, Judge.

In its first assignment of error, respondent argues that the trial court erred in dismissing the petition for judicial review because the order appealed from was not interlocutory. Respondent based his motion to dismiss on the defenses of sovereign and statutory immunity and contends, because the doctrine of sovereign immunity presents a question of personal jurisdiction, that the denial of a motion to dismiss on the grounds of sovereign immunity is...

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