Boone v. Harrison

KELSEY, Judge.

The Virginia Marine Resources Commission (VMRC) and Ronald W. Boone appeal a circuit court order vacating a VMRC pier permit under the Virginia Administrative Process Act (VAPA), Code § 2.2-4000 et seq. Agreeing with the VMRC and Boone that the court exceeded its authority in doing so, we reverse.

I

In 2008, Hurricane Isabel destroyed the Harrison Fishing Pier. Boone rebuilt the pier pursuant to special permits authorized by executive order expediting the return of impacted areas and structures to pre-Hurricane Isabel condition. About a third of the way down the 1,490-foot pier,…