Legal Opinion
Evelyn v. Commonwealth
Court of Appeals of Virginia
Decided October 25, 2005No. 2945042PublishedCited by 14 opinions
1Opinion of the Court
ELDER, Judge.
Thomas C. Evelyn (appellant) appeals a circuit court decision holding that the Virginia Marine Resources Commission (VMRC) had the authority to order the removal of a portion of his private pier, located along the Pamunkey River. We hold the governing statutes limit the riparian owner’s rights such that he may build, without a permit, only those structures “necessary” or essential to the placement of a private pier for the limited purpose of accessing navigable waters or vessels moored in those waters. The riparian landowner may not build, without a permit, incidental appendages…
2Cases cited32 opinions
- Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1947
- Trop v. DullesSupreme Court of the United States · 1958
- National Labor Relations Board v. Bell Aerospace Co.Supreme Court of the United States · 1974
- Illinois Central Railroad v. IllinoisSupreme Court of the United States · 1892
- Johnston-Willis, Ltd. v. KenleyCourt of Appeals of Virginia · 1988
27 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Palmer v. Commonwealth of Virginia Marine Resources CommissionCourt of Appeals of Virginia · 2006
- McGarvey v. WhittredgeSupreme Judicial Court of Maine · 2011
- VA Board of Medicine & VA Department of Health Professions v. Leila Hadad Zackrison, M.D.Court of Appeals of Virginia · 2017
- Kepa, Inc., d/b/a She-Sha Café and Hookah Lounge v. Virginia Department of HealthCourt of Appeals of Virginia · 2013
- Bowman Apple Products Co. v. CommonwealthCourt of Appeals of Virginia · 2007
9 more not listed; retrieve them via the Exa API.