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.

Holding: IN THE SUPREME COURT OF IOWA No. 22–1995 Submitted February 21, 2024—Filed May 3, 2024 Amended July 9, 2024 TERRACE HILL SOCIETY FOUNDATION, Appellee, vs. TERRACE HILL COMMISSION and KRISTIN HURD, in her official capacity as chairperson of the Terrace Hill Commission, Appellants. Interlocutory appeal from the Iowa District Court for Polk County, David Nelmark, Judge. Interlocutory appeal from denial of motion to dismiss on sovereign immunity grounds. AFFIRMED AND REMANDED.