CaseTHOMAS L. ROBERTSON v. WESTERN VIRGINIA WATER AUTHORITY
(Record Number 130416)
FromThe Circuit Court of the City of Roanoke; C. Weckstein, Judge.
CounselAlton B. Prillaman (Osterhout, Prillaman, Natt, Helscher, Yost, Maxwell & Ferguson, PLC) for appellant.
Jim H. Guynn, Jr. (Guynn, Memmer & Dillon, P.C.) for appellee.
Assignment of Error
- The trial court erred in granting Western Virginia Water Authority's Motion for Summary Judgment when it ruled: That in an urban jurisdiction, the maintenance and operation in all respects of a sanitary sewer system is a governmental public safety function and that governmental immunity applies. This ruling is erroneous in that it is contra to precedents set by this Court, holding that maintenance and operation of a sanitary sewer system is a proprietary function.