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CITIZENS FOR CLEAN AIR v. COM.

No. 0468-91-4.

412 S.E.2d 715 (1991)

CITIZENS FOR CLEAN AIR v. COMMONWEALTH of Virginia, ex rel. STATE AIR POLLUTION CONTROL BOARD, and Rockingham Poultry, Inc.

Court of Appeals of Virginia.

December 17, 1991.

Attorney(s) appearing for the Case

Judith B. Henry (Martin A. Donlan, Jr., Crews & Hancock, on brief), for appellant.

Mary Jo Leugers, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., Deborah Love Feild, Asst. Atty. Gen., on brief), for appellee State Air Pollution Control Bd.

Daniel L. Fitch (Phillip C. Stone, John W. Flora, George W. Barlow, III, Wharton, Aldhizer & Weaver, on brief), for appellee Rockingham Poultry, Inc.

Present: BAKER, DUFF and ELDER, JJ.

ELDER, Judge.

Citizens for Clean Air ("CCA"), an unincorporated association, appeals from a final order of the Circuit Court of the County of Rockingham sustaining the demurrers of the State Air Pollution Control Board ("Board") and Rockingham Poultry, Inc. ("Rockingham"). In their demurrers, appellees asserted that CCA lacked standing to appeal the Board's denial of CCA's petition for a formal hearing regarding issuance of an air permit to Rockingham. Finding that...

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