finding that balance is "clearly struck" against immunity where funding factor weighed against, and only one factor - autonomy -weighed slightly in favor
How later courts described this case
- finding that balance is "clearly struck" against immunity where funding factor weighed against, and only one factor - autonomy -weighed slightly in favor
- rejecting arguments regarding state regulation of agency funding as irrelevant to the funding inquiry and reiterating that "under our case law" question is simply one of state's "affirmative obligation to pay"
- noting that the Turnpike Commission’s ability to increase revenue through toll rates or decrease expenses demonstrated its ability to satisfy a judgment against it
- holding that the Turnpike Commission is not an arm of the state
Written by the judges who cited it.
The opinion
SUR PETITION FOR REHEARING
July 13, 1995
The petition for rehearing filed by the appellants in the above-entitled case having been submitted to the judges who participated in the decision of this court and to all other available circuit judges in regular active service, and no judge who concurred in the decision having asked for rehearing, and a majority of the circuit judges in regular active service not having voted for rehearing by the court in banc, the petition for rehearing is denied.