Varity Builders, Inc. v. Polikoff
Cases that cite this one
14 later published cases cite this decision.
- Hedrick v. Blake (United States District Court for the District of Delaware 1982)
- Beck v. Claymont School District (Superior Court of Delaware 1979)
- Moore v. Wilmington Housing Authority (Del. 1993)
- Fiat Motors of North America, Inc. v. Mayor of Wilmington (Del. 1985)
- City of Wilmington v. Spencer (Del. 1978)
- Heaney v. New Castle County (Del. 1995)
- Ritgert v. City of Rehoboth Beach (United States District Court for the District of Delaware 1987)
- FIAT MOTORS OF NORTH AMERICA v. Mayor and Council of Wilmington (United States District Court for the District of Delaware 1985)
- Department of Community Affairs & Economic Development v. M. Davis & Sons, Inc. (Del. 1980)
- Blake v. Town of Delaware City (United States District Court for the District of Delaware 1977)
- Donovan v. Delaware Water & Air Resources Commission (Del. 1976)
- Muir v. County Council of Sussex County (United States District Court for the District of Delaware 1975)
- State Ex Rel. Secretary of the Department of Highways & Transportation v. New Castle County (Superior Court of Delaware 1975)
- King v. Caesar Rodney School District (United States District Court for the District of Delaware 1975)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
The plaintiffs brought suit for a mandatory injunction and damages against New Castle County as well as against a corporate and individual defendant. The complaint against the County is that it failed to properly oversee and supervise the construction and installation of sewage facilities serving the plaintiffs’ home. The County moved to dismiss on the ground that it was immune from suit. The Court of Chancery denied the motion. The County appeals.
The State and its agencies are immune from suit unless sovereign immunity has been waived by the General Assembly. Wilmington Housing Authority v. Williamson, Del.Supr., 228 A.2d 782 (1967). Our Constitution authorizes the General Assembly to waive sovereign immunity. It provides that “[s]uits may be brought against the State, according to such regulations as shall be made by law.” Del.Const., Art. I, § 9, Del.C.Ann.
We agree with the Court below that 9 Del.C. § 1101 constitutes a waiver of the County’s sovereign immunity. That section provides that the County “shall assume and have all powers which, under the Constitution of State, it would be competent for the General Assembly to grant by specific enumeration, and which are not denied by statute. . . . ” Since the General Assembly has constitutional authority under Del. Const., Art. I, § 9 to waive the County’s sovereign immunity, the terms of 9 Del.C. § 1101 contain such a waiver.
The judgment below is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.