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LIVINGSTON v. VIRGINIA DEPT. OF TRANSP.

Record No. 101006.

726 S.E.2d 264 (2012)

284 Va. 140

Geoff LIVINGSTON, et al. v. VIRGINIA DEPARTMENT OF TRANSPORTATION.

Supreme Court of Virginia.

June 7, 2012.

Attorney(s) appearing for the Case

Robert J. Cynkar (Christopher I. Kachouroff; Lake Ridge, Daniel C. Levin; Cuneo, Gilbert & LaDuca; Levin, Fishbein, Sedran & Berman; Dominion Law Center, on briefs), for appellants.

E. Duncan Getchell, Jr., Solicitor General (Kenneth T. Cuccinelli, II, Attorney General; Jo Anne P. Maxwell, Senior Assistant Attorney General; Nancy C. Auth, Senior Assistant Attorney General; Christopher D. Eib, Senior Assistant Attorney General; Jeffrey A. Huber; Scott D. Helsel; Walton & Adams, Reston, on brief), for appellee.

Present: All the Justices.

Opinion by Justice LEROY F. MILLETTE, JR.

Geoff Livingston and 134 other homeowners or renters (collectively Plaintiffs) in Fairfax County's (County) Huntington subdivision brought this inverse condemnation suit against the County and the Virginia Department of Transportation (VDOT) after their homes were flooded during a severe storm in the summer of 2006. The circuit court dismissed the suit on demurrer, holding in relevant part that a single occurrence of flooding...

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