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TOWN OF FRIES v. STATE WATER CONTROL BD.

Record No. 1859-90-3.

409 S.E.2d 634 (1991)

TOWN OF FRIES, et al. v. STATE WATER CONTROL BOARD, et al.

Court of Appeals of Virginia.

October 1, 1991.

Attorney(s) appearing for the Case

Terry N. Grimes (King, Fulghum, Snead, Nixon & Grimes, Roanoke, on briefs), for appellants.

John R. Butcher, Asst. Atty. Gen., Richard H. Sedgley (Mary Sue Terry, Atty. Gen., Mary Jo Leugers, Asst. Atty. Gen., David E. Evans, McGuire, Woods, Battle & Boothe, Richmond, on briefs), for appellees.

Southern Environmental Law Center, Deborah M. Wassenaar (Katherine E. Slaughter, David W. Carr, Jr., Charlottesville, on briefs), amicus curiae, for appellants.

Present: KOONTZ, C.J., and DUFF and WILLIS, JJ.

DUFF, Judge.

This appeal arises from an order sustaining the demurrer of the State Water Control Board ("Board") based on a finding that the appellants are without standing to challenge certain actions by the Board. The appellants include the Town of Fries, the Fries Civic League, Natural Sands and Products, Inc., and 15 riparian landowners. The issues on appeal are: (1) whether Code § 9-6.14:16 of the Virginia Administrative Process Act ("VAPA") provides the...

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