Virginia Department of Transportation v. Sumner Falls Run, LLC (ORDER)

Syllabus

07/03/2024 In a suit against a county school board and the Virginia Department of Transportation, on interlocutory appeal under Code § 8.01-670.2, the judgment is reversed. The Declaratory Judgment Act itself does not expressly waive sovereign immunity and this Court has never held that it waives such immunity. Sovereign immunity can bar a declaratory action against the Commonwealth unless the General Assembly has made its intent clear that immunity is waived. The judgment below to the contrary is reversed. Sovereign immunity does not bar a declaratory action based on a self-executing provision of the Constitution of Virginia, but only if the case presents a justiciable controversy – involving specific adverse claims based on present, not future or speculative, facts ripe for judicial assessment. The Act does not give courts authority to render advisory opinions, decide moot or speculative questions. The declaratory judgment sought here does not implicate a self-executing provision of the Constitution, thus the circuit court should grant VDOT's plea of sovereign immunity. It is not alleged here that defendants are on the cusp of damaging property under Article I, § 11, and no taking has yet occurred. Thus, the action is premature on the takings claim. Plaintiff claims that the School Board plans to take more property than necessary, but it is not clear on the record whether this aspect of the action is premature or justiciable. This case is remanded for further proceedings consistent with this order and longstanding principles of justiciability for declaratory judgment actions. Combined case with Record No. 240352