Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: TUESDAY, June 8, 1993                   TAG: 9306080129
SECTION: CURRENT                    PAGE: NRV1   EDITION: NEW RIVER 
SOURCE: New River Valley bureau
DATELINE: BLACKSBURG                                LENGTH: Short

JUDGE DISMISSES 2 COUNTS OF FLOOD-DAMAGE SUIT

Continental Casualty Co. had claimed in the lawsuit filed in U.S. District Court that an estimated $4 million in water damage on the Virginia Tech campus from a May 1992 flood was caused by the "negligence and carelessness of Blacksburg."

However, Judge James Turk upheld a motion to dismiss the negligence and nuisance claims, saying they violate the state code. The judge's ruling was filed last week.

Blacksburg Town Attorney Richard Kaufman filed a motion citing a section of the code that prohibits a lawsuit against any town "because of the design, maintenance, performance, operation or existence of any device built to prevent flooding."

"The town is very pleased with the ruling," Kaufman said.

A third count of the suit that alleges Blacksburg purposely funneled storm water to Tech's campus still hasn't been decided.

Kaufman said he expects a decision in the next few months.

The suit stemmed from flooding that caused extensive damage to Tech's Continuing Education Center, to the War Memorial Gymnasium and other campus buildings.

The company hopes to make the town pay an amount equal to any insurance claims paid to Tech.