[DOWNLOAD] "Carl H.A. Sandt v. Delaware Solid Waste" by Supreme Court of Delaware ~ eBook PDF Kindle ePub Free
eBook details
- Title: Carl H.A. Sandt v. Delaware Solid Waste
- Author : Supreme Court of Delaware
- Release Date : January 17, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
VEASEY, Chief Justice: In this interlocutory appeal, we address two issues: (1) whether the Delaware Solid Waste Authority ("DSWA") is an "agency"
of the State of Delaware for purposes of qualifying for sovereign immunity under the Delaware Tort Claims Act, 10 Del.C. §
4001 et seq. (the "Tort Claims Act"); and (2) if the DSWA is an "agency," whether its sovereign immunity has been waived.
The Superior Court held that the DSWA is a state agency, and that its sovereign immunity has not been waived. The Superior
Court therefore granted the DSWA's motion for summary judgment. We hold that the Superior Court was correct in holding that
the DSWA is a state agency, but that the court erred by not finding that the DSWA's sovereign immunity was waived by the General
Assembly, which provided in 7 Del.C. § 6406(a)(5) that the DSWA has the power to "sue and be sued."
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