Legal Question in Constitutional Law in New Jersey

State legalities

Is there any truth to the claim a citizen is not allowed to sue his state? Because the state is not a person? What or where is the statute or charter that gives municipalities the right to determine building, in face of the 10th ammendment which reserves said powers for the state or people?


Asked on 4/13/04, 11:46 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: State legalities

State governments have "sovereign immunity" against most types of lawsuits unless they waive that immunity and allow themselves to be sued. Most states have done this and permit most types of suits to be brought against them. The U.S. Supreme Court has recently held that states are immune from certain types of federal claims like patent infringement or violation of the Americans with Disabilities Act (ADA). States can waive these immunities as well, but I don't think any have done so yet.

I'm not sure what you mean when you refer to municipalities having "the right to determine building", but my guess is you are referring to building codes and/or zoning ordinances. The states have given municipalities authority over local matters such as these.

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Answered on 4/14/04, 5:17 pm


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