1984

Prendergast v. N. Va. Reg’l Park Auth.

Supreme Court of Virginia

227 Va. 190, 313 S.E.2d 399

Park Authority was renovating an historic building in Alexandria. During renovation, water began leaking into basement of nearby building. Five years later, owners of that building sued Park Authority for four counts in tort and one of inverse condemnation. Park Authority defended on sovereign immunity for the tort counts and statute of limitations on the inverse condemnation. Trial court agreed and dismissed the tort counts on sovereign immunity, and the inverse condemnation on a three-year limitations period. Supreme Court reversed and remanded on issue of sovereign immunity. The Park Authority was not an arm of the Commonwealth. It was a creation of the localities and subject to their control. Supreme Court affirmed the trial court on the three-year statute of limitations on implied contract for inverse condemnation. Va. Code § 8.01-246(4).

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