1997

Bell-Atlantic Virginia v. Arlington County

Supreme Court of Virginia

254 Va. 60, 486 S.E.2d 297

Bell-Atlantic filed a declaratory judgment action alleging that the County had, by inverse condemnation, damaged its underground cables for public use without just compensation in violation of Article 1, § 11 of the Constitution of Virginia. County demurred based on sovereign immunity. Trial court ruled for County. Supreme Court held that when the County allegedly damaged Bell-Atlantic’s property, it was in the course of maintaining its waterworks and sewage system. That was a public use. Inverse condemnation is an implied contract action, and not barred by sovereign immunity. Reversed and remanded.

Back to Case Finder Main Page
Volume One Indexes:
To Case Name Index
To Topic Index
To Date Index
To Code Section Index