Nicoll v. City of Norfolk Wetlands Board

By Judge David W. Lannetti

Today the Court rules on the Demurrer and Motion for Summary Judgment filed by Defendant City of Norfolk Wetlands Board (the “Board”). The Court sustains the Board’s Demurrer because Count II of the Amended Complaint filed by Plaintiffs Douglas and Tammy Nicoll does not sufficiently state a claim for a court declaration determining wetlands boundaries and riparian rights on the Nicolls’ property. The Court denies the Board’s Motion for Summary Judgment because, although mowing vegetated wetlands and disposing of the cuttings as waste is not an activity exempt from…