Board of Supervisors v. King Land Corp.

I concur with the majority’s holding that, even though Code § 32.1-182 contains no specific compliance deadline, the State Board of Health was required to adopt regulations insuring that the safety and public health costs associated with abandoned landfills be borne by the person abandoning the landfill.1 The majority’s application of the “mischief rule,” however, simply does not support the remedy imposed — invalidation of the landfill operation permit issued by the Commissioner of Health to King Land Corporation. Neither the language nor the history of the statutes supports a conclusion…