Livingston v. Va. Dep't of Transp.
Annotate this CaseGeoff Livingston and 134 other homeonwers or renters (collectively Plaintiffs) in a Fairfax County subdivision brought an inverse condemnation suit against the County and the Virginia Department of Transportation (VDOT) after their homes were flooded during a severe storm. The circuit court dismissed the suit on demurrer, holding that a single occurrence of flooding could not support an inverse condemnation claim under Va. Const. art. I, 11. The Supreme Court reversed, holding that because the facts alleged in Plaintiffs' complaint, if taken as true, established that their homes and personal property were damaged by VDOT's operation of, and failure to maintain, the relocation of a tributary stream, the circuit court erred in dismissing their inverse condemnation suit on VDOT's demurrer. Remanded.
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