Legal Opinion · Dissent

Laurels of Bon Air, LLC v. Medical Facilities of America LIV Ltd. Partnership

Court of Appeals of Virginia

Decided April 22, 2008No. 1085072Published

1DissentFrank, J.

Because the majority opinion assumes the constitutionality of House Bill 2816 (HB 2316) and then interprets HB 2316 to preclude judicial review under the Virginia Administrative Process Act (VAPA), I respectfully dissent. I would reverse the order of the trial court dismissing appellants’ claims for lack of standing, and remand to the trial court with instructions to remand this case to the Commissioner to determine whether HB 2316 is unconstitutional special legislation.

BACKGROUND

Medical Facilities of America, Inc. (MFA) is a Virginia corporation that has an ownership interest in and/or…

2Cases cited27 opinions

  1. Duke Power Co. v. Carolina Environmental Study Group, Inc.Supreme Court of the United States · 1978
  2. Johnston-Willis, Ltd. v. KenleyCourt of Appeals of Virginia · 1988
  3. Hi-Craft Clothing Co. v. National Labor Relations BoardCourt of Appeals for the Third Circuit · 1981
  4. Cupp v. Board of SupervisorsSupreme Court of Virginia · 1984
  5. Virginia Alcoholic Beverage Control Commission v. York Street Inn, Inc.Supreme Court of Virginia · 1979

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