Foster v. Western Virginia Water Authority

By Judge Jonathan M. Apgar

This matter is before the Court on the Defendant’s Demurrer, based on the doctrine of sovereign immunity, in response to the Plaintiffs’ Complaint. For the reasons that follow, the Defendant’s Demurrer is sustained.

Facts

Plaintiffs allege that, on September 28, 2004, a sanitary sewer line with a manhole cover flooded the Plaintiffs’ property located at 2918 Franklin Road, S.W., in the City of Roanoke. The alleged cause of the sewer line break and subsequent flooding was that the line was filled to such an extent as to cause an eruption of water from a manhole in the…