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MATTAPONI INDIAN TRIBE v. COM.

Record No. 2963-98-1.

524 S.E.2d 167 (2000)

31 Va. App. 472

The MATTAPONI INDIAN TRIBE and Carl T. Lone Eagle Custalow, Assistant Chief v. COMMONWEALTH of Virginia, DEPARTMENT OF ENVIRONMENTAL QUALITY, ex rel. STATE WATER CONTROL BOARD and the City of Newport News.

Court of Appeals of Virginia, Chesapeake.

February 8, 2000.

Attorney(s) appearing for the Case

David S. Bailey (David S. Bailey, L.L.C., Manassas; Hope M. Babcock; Jeffrey C. Nelson; Sandra Franco, Law Student Intern; Stephanie Tai, Law Student Intern; Institute for Public Representation, Georgetown University Law Center, on briefs), for appellants.

Deborah Love Feuld, Assistant Attorney General (Mark L. Earley, Attorney General; Roger L. Chaffe, Senior Assistant Attorney General, on brief), for appellee Commonwealth of Virginia, Department of Environmental Quality, ex rel. State Water Control Board.

George A. Somerville (James E. Ryan, Jr., Richmond; Matthew M. Farley; M. Scott Hart, Virginia Beach; Stuart E. Katz, City Attorney; Allen L. Jackson, Deputy City Attorney; Mays & Valentine, L.L.P., Richmond, on brief), for appellee City of Newport News.

Present: FITZPATRICK, C.J., and WILLIS and ANNUNZIATA, JJ.

ANNUNZIATA, Judge.

On December 16, 1997, the State Water Control Board ("Board") issued Virginia Water Protection Permit number 93-0902 to the City of Newport News ("City"), as authorized by Code § 62.1-44.15:5. The Mattaponi Indian Tribe, Carl T. Lone Eagle Custalow, Assistant Chief, filed a notice of appeal to the Circuit Court of the City of Newport News on January 14, 1998. The Commonwealth and the City demurred to the Tribe's appeal, and on August 7, 1998...

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