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KENLEY v. WATERWAY ESTATES, LTD.

Record No. 0865-85.

348 S.E.2d 31 (1986)

James B. KENLEY, M.D., State Health Commissioner, v. WATERWAY ESTATES, LTD., and John W. Keffer.

Court of Appeals of Virginia.

September 2, 1986.

Attorney(s) appearing for the Case

Cynthia V. Bailey, Asst. Atty. Gen. (William G. Broaddus, Atty. Gen., on brief), for appellant.

Allen J. Gordon, Chesapeake, for appellee.

Present BENTON, DUFF and COLE, JJ.

BENTON, Judge.

The Chesapeake Health Department denied John W. Keffer and Waterway Estates, Ltd., a permit to build a septic system. The hearing officer who reviewed the denial recommended that the State Health Commissioner approve the permit conditioned on the removal of fill material; however, James B. Kenley, M.D., the State Health Commissioner (the Commissioner), affirmed the denial of the permit. Upon Keffer's petition...

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