Robertson v. Western Virginia Water Authority

By Judge Clifford R. Weckstein

In this suit, a landowner asserts that he is entitled to compensation for severe property damage caused by the Western Virginia Water Authority’s negligent maintenance, inspection, protection, and operation of a sanitary sewer line. Relying on two recent decisions of this Court,1 the Authority asserts that this suit is barred by the ancient doctrine of sovereign immunity. The authority contends that it stands in the same shoes as the Commonwealth and its counties, absolutely immune to any claim of tort liability.

I decided one of the cases upon which the Authority…