Town of Fries v. State Water Control Board

Opinion

DUFF, J.

This appeal arises from an order sustaining the demurrer of the State Water Control Board (“Board”) based on a finding that the appellants are without standing to challenge certain actions by the Board. The appellants include the Town of Fries, the Fries Civic League, Natural Sands and Products, Inc., and 15 riparian landowners. The issues on appeal are: (1) whether Code § 9-6.14:16 of the Virginia Administrative Process Act (“VAPA”) provides the appellants with a right of judicial review in addition to that provided for in Code § 62.1-44.29; and (2) whether the appellants…