Holland v. Nelson County Service Authority

BY JUDGE J. MICHAEL GAMBLE

I am writing this letter to rule on the amended plea in bar and amended demurrer of the defendants. In this regard, I sustain the amended plea in bar and the demurrer, and dismiss this case.

An inverse condemnation action is an action based on implied contract. Burns v. Board of Supervisors, 218 Va. 625, 627, 238 S.E.2d 823 (1977). As a result, the three year statute of limitations for implied contract under Va. Code § 8.01-246(4) is applicable to an inverse condemnation action. Richmeade, L.P. v. City of Richmond, 267 Va. 598, 602-03, 594 S.E.2d 606 (2004).

To…