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COM., ETC. v. COUNTY UTILITIES CORP.

Record No. 791336.

290 S.E.2d 867 (1982)

COMM. of Virginia, ex rel. STATE WATER CONTROL BOARD v. COUNTY UTILITIES CORPORATION and Kempsville Utilities Corporation.

Supreme Court of Virginia.

April 30, 1982.

Attorney(s) appearing for the Case

John R. Butcher, Timothy G. Hayes, Asst. Attys. Gen. (Marshall Coleman, Atty. Gen., on briefs), for appellant.

Robert R. MacMillan, Norfolk (E. Leslie Cox; Breeden, Howard & MacMillan, Norfolk, on brief), for appellees.

Before CARRICO, C. J., and COCHRAN, POFF, COMPTON, THOMPSON, STEPHENSON and RUSSELL, JJ.

RUSSELL, Justice.

The State Water Control Board (Board) appeals from decrees entered by the circuit court which found certain actions by the Board, purporting to control the discharge of treated domestic sewage in the City of Virginia Beach, to be unenforceable and void.

County Utilities Corporation (County) is a privately owned utility which collects sewage from the Birchwood Gardens subdivision and discharges...

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