May Department Stores Co. v. Commonwealth

ELDER, Judge.

The May Department Stores Company (appellant) appeals a decision of the circuit court dismissing its administrative appeal of a decision by the Commonwealth’s Department of Environmental Quality (DEQ). Appellant had sought reimbursement from the Petroleum Storage Tank Fund (Tank Fund) 1 for certain environmental clean-up efforts. Upon DEQ’s denial of its request, appellant appealed to the circuit court pursuant to the Virginia Administrative Process Act (VAPA), Code §§ 9-6.14:1 through 9-6.14:25, but the circuit court ruled appellant “ha[d] no right of appeal of the reimbursement…