Scheer v. Commonwealth

BY JUDGE THOMAS D. HORNE

This case is before the Court on the demurrers filed by the State Water Control Board and the County of Fauquier. Appellants seek judicial review, pursuant to § 62.1-44.29, Code of Virginia, of the action and case decision of the State Water Control Board performing a § 401 certification and issuing of a Virginia Water Protection Permit for construction of a dam on Cedar Run in Fauquier County, Virginia. It is asserted by the State Water Control Board and the County that appellants’ right to seek judicial review is barred by the doctrine of sovereign immunity and that…