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FORBES v. KENLEY

Record No. 812027.

314 S.E.2d 49 (1984)

Roy B. FORBES v. James B. KENLEY, M.D., etc., et al.

Supreme Court of Virginia.

March 9, 1984.

Attorney(s) appearing for the Case

Paul M. Lipkin, Norfolk (Bernard Glasser; Goldblatt, Lipkin, Cohen, Anderson, Jenkins & Legum, P.C., Glasser & Glasser, Norfolk, on brief), for appellant.

Robert T. Adams, Asst. Atty. Gen. (Gerald L. Baliles, Atty. Gen., on brief), for appellee.

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

COCHRAN, Justice.

By case decision dated June 12, 1979, James B. Kenley, M.D., State Health Commissioner, denied Roy B. Forbes permits to install septic tanks on three certain lots in the City of Chesapeake. On July 26, 1979, Forbes filed his appeal1 in the trial court seeking reversal of the decision. A demurrer was filed on behalf of the Commissioner on the ground that Forbes had failed to allege compliance with Code § 9-6.14:16...

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