1980
Kassir v. City of Norfolk
Virginia Circuit Court
16 Va. Cir. 485
Landowners claimed that when City widened street, it deprived owners of ingress and egress to their property. Landowners filed a motion for judgment for damages. City demurred asserting the owners’ sole remedy was declaratory judgment by Va. Code § 8.01-187. Court sustained the demurrer, holding that a declaratory judgment action was the landowners’ sole remedy. The statute was to replace the common law remedy with a remedy that was available to every landowner whose property had been damaged for public use by the state or any governmental unit or agency.
Summary prepared by Judge Jonathan Apgar, 23rd Judicial Circuit in Virginia, for the William & Mary Property Rights Project, Marshall-Wythe School of Law, William & Mary ©2019.
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