Legal Opinion

Varity Builders, Inc. v. Polikoff

Supreme Court of Delaware

Decided April 30, 1973PublishedCited by 14 opinions

1Per curiam

The plaintiffs brought suit for a mandatory injunction and damages against New Castle County as well as against a corporate and individual defendant. The complaint against the County is that it failed to properly oversee and supervise the construction and installation of sewage facilities serving the plaintiffs’ home. The County moved to dismiss on the ground that it was immune from suit. The Court of Chancery denied the motion. The County appeals.

The State and its agencies are immune from suit unless sovereign immunity has been waived by the General Assembly. Wilmington Housing Authority v.…

2Cases cited1 opinion

  1. Wilmington Housing Authority v. Williamson Ex Rel. WilliamsonSupreme Court of Delaware · 1967

3Cited by14 opinions

  1. Donovan v. Delaware Water & Air Resources CommissionSupreme Court of Delaware · 1976
  2. City of Wilmington v. SpencerSupreme Court of Delaware · 1978
  3. Moore v. Wilmington Housing AuthoritySupreme Court of Delaware · 1993
  4. Fiat Motors of North America, Inc. v. Mayor of WilmingtonSupreme Court of Delaware · 1985
  5. Blake v. Town of Delaware CityDistrict Court, D. Delaware · 1977

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