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COMMONWEALTH, MARINE RESOURCES COM'N v. FORBES

197 S.E.2d 195 (1973)

214 Va. 109

COMMONWEALTH of Virginia, MARINE RESOURCES COMMISSION v. William R. FORBES and Hazel W. Forbes.

Supreme Court of Virginia.

June 11, 1973.

Attorney(s) appearing for the Case

James E. Moore, Asst. Atty. Gen. (Andrew P. Miller, Atty. Gen., Gerald L. Baliles, Deputy Atty. Gen., Daniel E. Rogers, II, Asst. Atty. Gen., on brief), for appellant.

L. S. Parsons, Jr., Norfolk (L. S. Parsons, Peter W. Rowe, Parsons, Steffen & Moore, Stackhouse, Weinberg & Stewart, Norfolk, on brief), for appellees.

Before SNEAD, C. J., and I'ANSON, CARRICO, HARRISON, COCHRAN, HARMAN and POFF, JJ.

POFF, Justice.

On March 3, 1971 the Commonwealth of Virginia, Marine Resources Commission (Commonwealth), filed a bill of complaint against William R. Forbes and Hazel W. Forbes (defendants) and others complaining that defendants had, without statutory authority or a Commission permit and in violation of Code § 62.1-3, deposited a fill upon state-owned subaqueous beds of the Eastern Branch of the Elizabeth River in Norfolk and praying for an injunction under...

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