United States Fourth Circuit

In this case arising out of a contractual dispute between plaintiff and defendant-city, the question of whether, under North Carolina law, governmental immunity from equitable claims is waived when a county or municipality acts in a proprietary capacity is central. The district court's denial of defendant-city's motion to dismiss is affirmed, where: 1) the traditional problems associated with imposing liability on governmental entities do not come into play when the government is engaged in proprietary activities; and 2) a municipality may not hide behind the veil of its government status and seek a special protection from liability not afforded to its private peers engaging in similar proprietary activities.

Appellate Information

• Decided 12/11/2014
• Published 12/11/2014

Judges

• Davis

Court

• United States Fourth Circuit

Counsel