Sullivan v. City of Hopewell

BY JUDGE W. ALLAN SHARRETT

The Court has before it the preliminary motions filed by the Defendant in the above-referenced case and, by this letter opinion, will dispose of all of them.

Questions Presented

The pleadings raise, at this point, four questions:(1) Does the doctrine of sovereign immunity bar negligence and nuisance claims brought by homeowners who allege alternatively that negligent construction and/or negligent maintenance and operation of a city’s sewer lines caused a back-up of sewage into their home, resulting in property damage, damage to their credit, and personal injuries?(2)…