Niese v. City of Alexandria

In this appeal, we consider whether the trial court erred in sustaining the City of Alexandria’s (the “City”) special plea of sovereign immunity and dismissing Robby Niese’s (“Niese”) motion for judgment.

I. Facts and Proceedings Below

The special plea of sovereign immunity was submitted to the trial court on the pleadings. “[W]here no evidence is taken in support of a plea in bar, the trial court, and the appellate court upon review, consider solely the pleadings in resolving the issue presented.” Lostrangio v. Laingford, 261 Va. 495, 497, 544 S.E.2d 357, 358 (2001). The facts as stated in the…