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NIESE v. CITY OF ALEXANDRIA

Record No. 012007.

564 S.E.2d 127 (2002)

264 Va. 230

Robby NIESE v. CITY OF ALEXANDRIA.

Supreme Court of Virginia.

June 7, 2002.

Attorney(s) appearing for the Case

Blair D. Howard, Warrenton (Kenneth R. Weiner, Fairfax; Howard, Morrison & Howard, Warrenton; Weiner, Weiner & Weiner, Fairfax, on brief), for appellant.

Karen S. Snow (Ignacio B. Pessoa, Alexandria; Office of the City Attorney, on brief), for appellee.

Present: All the Justices.

Opinion by Justice DONALD W. LEMONS.

In this appeal, we consider whether the trial court erred in sustaining the City of Alexandria's (the "City") special plea of sovereign immunity and dismissing Robby Niese's ("Niese") motion for judgment.

I. Facts and Proceedings Below

The special plea of sovereign immunity was submitted to the trial court on the pleadings. "[Wlhere no evidence is taken in support of...

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