1977

Burns v. Bd. of Supervisors

Supreme Court of Virginia

218 Va. 625, 238 S.E.2d 823

Landowners filed motion for judgment against Board for discharge of water on their property from a storm sewer system used and maintained by the Board. Board demurred, stating it was immune from tort action and landowners failed to allege facts to create an implied-in-fact contract action. Trial court sustained demurrer. Supreme Court reversed and remanded. The suit was not a tort action but a contract action under Article 1, § 11 of the Constitution of Virginia. Landowner can sue upon implied contract that they would have been paid such amount as if the property had been condemned by eminent domain. Board had accepted storm sewer system for public use, as Board could only do so as a public body. Pleadings were not demurrable.

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