Page v. Portsmouth Redevelopment & Housing Authority

Syllabus

07/03/2024 The circuit court and the Court of Appeals of Virginia erred in concluding that the doctrine of sovereign immunity bars a claim by a property owner against the Portsmouth Redevelopment and Housing Authority (\PRHA\), on the grounds that it had negligently damaged a building that he owned when demolishing its own structure. It is here held that sovereign immunity does not shield PRHA from tort liability under the circumstances of this case. In sum, the Court of Appeals erred in applying the approbate-reprobate doctrine to limit plaintiff's argument on appeal and in affirming the circuit court's holding that sovereign immunity barred his negligence claim against PRHA. The judgment is reversed, and this case is remanded to the Court of Appeals with instructions to further remand the case to the circuit court for additional proceedings consistent with this opinion.