Supreme Judicial Court Eliminates Sovereign Immunity for Certain Property-Related Declaratory Judgment Actions

While the Commonwealth enjoys sovereign immunity from suits in many cases, today the Supreme Judicial Court in Walter E. Fernald Corp. v. Governor, SJC-11801 (May 29, 2015) limited its right to avoid litigation in respect to challenges to ownership of parcels of recorded land.  This decision further reduces the Commonwealth's ability, already limited by the SJC in other matters and areas of law, to claim immunity from suit.

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