1999

Costello v. Frederick County Sanitation Auth.

Virginia Circuit Court

49 Va. Cir. 41

Landowner had property next to a quarry owned by the Town of Stephen City. City engaged Authority in 1994 to pump water from the quarry at rate of two million gallons a day. Landowner’s property was affected by loss of subterranean water with settling and sinkholes, and drying up of springs. Landowner filed suit alleging inverse condemnation under federal and state constitutions. Court held the three-year statute of limitations for implied contract did not start to run until the actual damage occurred. The court further held that an inverse condemnation action, the landowner has the option of proceeding in a common law action for damages, or a declaratory judgment suit as set out in Va. Code § 8.01-187. In a common law action, the landowner is entitled to a jury on all issues joined.

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