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HAMPTON ROADS v. CITY OF VIRGINIA BEACH

Record No. 900020.

396 S.E.2d 656 (1990)

HAMPTON ROADS SANITATION DISTRICT v. CITY OF VIRGINIA BEACH.

Supreme Court of Virginia.

September 21, 1990.

Attorney(s) appearing for the Case

Gordon B. Tayloe, Jr. (Kellam, Pickrell, Cox & Tayloe, on briefs), for appellant.

Richard H. Matthews (John J. O'Keefe, III; C. Jay Robbins, IV; Glanzer & Matthews; Outland, Gray, O'Keefe & Hubbard, on brief), for appellee.

Present: All the Justices.

STEPHENSON, Justice.

This appeal involves issues of statutory immunity and collateral estoppel.

Jerry F. McDonnell filed a motion for judgment against Hampton Roads Sanitation District Commission (Hampton Roads) seeking compensation for damage to his land. McDonnell alleged that Hampton Roads wrongfully had discharged sewage and other pollutants onto his land. In addition to filing a plea of governmental immunity and a grounds of defense to the motion for...

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