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COURT OF APPEALS OF VIRGINIA
Present: Chief Judge Decker, Judge AtLee and Senior Judge Humphreys
Argued at Williamsburg, Virginia
SEAVIEW APARTMENTS, LLC
OPINION BY
v. Record No. 2009-24-1 CHIE F JUDGE MARLA GRAFF DECKER
JANUARY 20, 2026
CITY OF NEWPORT NEWS
FROM THE CIRCUIT COURT OF THE CITY OF NEWPORT NEWS
Gary A. Mills, Judge
1
Nicholas Anthony Nune s (David, Kamp & Frank, L.L.C., on briefs),
for appellant.
Pamela P. Bates, Deputy City Attorney, for appellee.
Seaview Apartments, LLC, appeals an aw ard of damages for unpaid water and sewer
services owed to the City of Newport News. In the circuit court, Seaview Apartments filed a
plea in bar, arguing that part of the suit was barred because the City had previously filed suit for
three months of unpaid water and sewer services and received a judgment in its favor. Seaview
reasoned that the City was precluded from filing a second suit to collect for the months that it
could have included in its first suit. The court denied the plea in bar and proceeded with trial. It
ultimately awarded the City $98,480.68 plus costs. For the reasons that follow, we hold that the
City impermissibly split its claim and, therefore, the court erred in part by denying the plea in
bar. Consequently, we reverse the decision and remand the case to the circuit court.
1 Since this proceeding, Judge Mills has retired.
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