Rockbridge County v. Burnley

BY JUDGE MICHAEL S. IRVINE

This case presents the issue whether a letter from the Virginia Department of Environmental Quality (DEQ) is a “case decision” for the purposes of the Virginia Administrative Process Act (VAPA) such that the agency determination is ripe for appeal in the Circuit Court for Rockbridge County. This case comes before the Court on the Commonwealth’s Demurrer and Motion to Dismiss for lack of subject matter jurisdiction. Respondents, the DEQ and Robert G. Burnley, Director of the Department (the Commonwealth), have demurred to and moved to dismiss the Petition for Appeal…