Accomack County v. Burnley

BY JUDGE GLEN A. TYLER

In this suit in equity, the Court must decide, on demurrer, whether a letter from the Virginia Department of Environmental Quality to the County of Accomack, Virginia, denying the County’s petition requesting relief from a Consent Order, is an appealable case decision.

The County’s Bill of Complaint, including exhibits incorporated therein, alleges, in pertinent part, factual circumstances summarized below and raises a legal question for the Court’s consideration.

The County’s Bill asserts as a legal matter that a certain Consent Order was entered in 1998 by the Department…