2003
Lowery v. Town of Irvington
Virginia Circuit Court
2003 Va. Cir. LEXIS 395
Town went on landowner’s property without permission and filled in a drainage ditch, which caused flooding and damage to her property. Landowner filed an action for tort of trespass, which court defined as an unauthorized entry onto property which results in interference with owner’s possessory interests therein. As Town had no right to commit an unlawful act, sovereign immunity did not apply.
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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