Sandt v. Delaware Solid Waste Authority

VEASEY, Chief Justice:

In this interlocutory appeal, we address two issues: (1) whether the Delaware Solid Waste Authority (“DSWA”) is an “agency” of the State of Delaware for purposes of qualifying for sovereign immunity under the Delaware Tort Claims Act, 10 Del.C. § 4001 et seq. (the “Tort Claims Act”); and (2) if the DSWA is an “agency,” whether its sovereign immunity has been waived. The Superior Court held that the DSWA is a state agency, and that its sovereign immunity has not been waived. The Superior Court therefore granted the DSWA’s motion for summary judgment. We hold that the…