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STATE WATER CONTROL BD. v. CRUTCHFIELD

Record No. 021507.

578 S.E.2d 762 (2003)

265 Va. 416

STATE WATER CONTROL BOARD, DEPARTMENT OF ENVIRONMENTAL QUALITY, et al., v. Frances Broaddus CRUTCHFIELD, et al.

Supreme Court of Virginia.

April 17, 2003.

Attorney(s) appearing for the Case

John K. Byrum, Jr., Asst. Atty. Gen. (Jerry W. Kilgore, Atty. Gen.; Roger L. Chaffe, Senior Asst. Atty. Gen.; Rick R. Linker, Asst. Atty. Gen.; Sterling E. Rives, III, County Atty.; Barbara M. Rose, Deputy County Atty.; Yvonne S. Wellford, Senior Asst. County Atty.; Dennis A. Walter, Asst. County Atty., on briefs), for appellants.

Benjamin A. Thorp, IV, Richmond, (William B. Ellis; Ellis & Thorp, on brief), for appellees.

Amicus Curiae: The Chesapeake Bay Foundation and James River Association (Deborah Murray; Courtney Smith, Richmond; Southern Environmental Law Center, on brief), on support of appellees.

Present: HASSELL, C.J., LACY, KEENAN, KOONTZ, KINSER, and LEMONS, JJ., and COMPTON, S.J.

OPINION BY Justice BARBARA MILANO KEENAN.

This appeal originates from a final decision of the State Water Control Board (the Board). We primarily consider whether the petitioner landowners properly perfected their appeal in the circuit court and whether they have standing to challenge the Board's decision granting a permit for the discharge of treated wastewater into a river adjoining their land.

In April 1999, the Board, under authority provided in Code ...

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