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GRAY v. VIRGINIA SECRETARY OF TRANS.

Record No. 071220.

662 S.E.2d 66 (2008)

Patrick R. GRAY, et al. v. VIRGINIA SECRETARY OF TRANSPORTATION, et al.

Supreme Court of Virginia.

June 6, 2008.

Attorney(s) appearing for the Case

Patrick M. McSweeney (Wesley G. Russell, Jr., Richmond; Kristie G. Haynes; McSweeney, Crump, Childress & Temple, on briefs), for appellants.

William E. Thro, State Solicitor General (Robert F. McDonnell, Attorney General; Stephen R. McCullough, Deputy State Solicitor General; William C. Mims, Chief Deputy Attorney General; Lisa Hicks-Thomas, Deputy Attorney General; Nancy C. Auth, Senior Assistant Attorney General; Christopher D. Eib, Senior Assistant Attorney General; JoAnne P. Maxwell, Senior Assistant Attorney General, on brief), for appellees Virginia Secretary of Transportation, Commonwealth Transportation Board, Virginia Commissioner of Transportation, and Virginia Department of Transportation.

Michael W. Smith (R. Braxton Hill, IV; Belinda D. Jones, Richmond; Edward S. Faggen, General Counsel; Christian & Barton, on brief), for appellee Metropolitan Washington Airports Authority.

Present: All the Justices.

OPINION BY Justice CYNTHIA D. KINSER.

This appeal involves a constitutional challenge to certain contractual agreements between the Commonwealth of Virginia and the Metropolitan Washington Airports Authority concerning the Dulles Toll Road. The sole issue is whether the circuit court erred in sustaining demurrers and pleas in bar asserting sovereign immunity. Because we conclude that certain constitutional provisions are self-executing and thus waive the Commonwealth...

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