Rockbridge County v. Burnley

By Judge Michael S. Irvine

This case involves judicial review of a decision of the Virginia Department of Environmental Quality (DEQ). This Court previously ruled that a letter dated June 7, 2004, was a “case decision” for the purposes of the Virginia Administrative Process Act (VAPA). The matter has been briefed and argued orally and now has been submitted for determination. The parties have submitted a “Joint Stipulation of Fact” in lieu of the Court taking evidence. The dispute between the parties has a long and involved history, which the Court previously chronicled in its letter opinion,…