Legal Opinion
Chesapeake Bay Foundation, Inc. v. Commonwealth Ex Rel. Virginia State Water Control Board
Court of Appeals of Virginia
Decided July 20, 2010No. 1471092PublishedCited by 1 opinion
1Opinion of the Court
FRANK, Judge.
The Chesapeake Bay Foundation, Inc. (CBF), appeals a decision of the circuit court finding that it had no representational standing to appeal a permit granted to Tri-City Properties, L.L.C. (Tri-City) by the Virginia State Water Control Board (the Board). 1 The circuit court granted appellees’ motion to dismiss as to CBF. The court found that because CBF failed to allege or provide affidavits to show that at least one of its individual members participated in the public comment process, it had not established representational standing. 2 For the reasons stated, we find the trial…
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