Continental Casualty Co. v. Town of Blacksburg

MEMORANDUM OPINION

TURK, District Judge.

I

This action was filed by Continental Casualty Company (“Continental”) as subrogee of Virginia Polytechnic Institute and State University (“Virginia Tech” or “VPI”) seeking recovery for property damage losses paid to its insured, VPI, as a result of a storm and subsequent flooding. Plaintiffs amended complaint sought relief on theories of negligence, nuisance and taking. By order entered June 1, 1993, this court granted defendant’s partial motion for summary judgment on the negligence and nuisance claims, finding that Blacksburg had statutory immunity…