2010
Waltman v. King William County Sch. Bd.
Virginia Circuit Court
81 Va. Cir 381
Landowner filed declaratory judgment for inverse condemnation for compensation due to damage from storm water flooding. This was caused by discharge from a storm water retention basin on school property. Court held that the School Board was not immune from suit. Although the injury appeared to be a tort, it was based on the implied contract that the owner was to be paid the amount he would have gotten for condemnation in an eminent domain proceeding. The School Board was also not immune from injunctive relief, as repetitive suits for every flood would be onerous for the landowner.
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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