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7-ELEVEN, INC. v. DEQ

Record No. 2380-01-2.

590 S.E.2d 84 (2003)

42 Va. App. 65

7-ELEVEN, INC., f/k/a The Southland Corporation v. The DEPARTMENT OF ENVIRONMENTAL QUALITY.

Court of Appeals of Virginia.

December 30, 2003.

Attorney(s) appearing for the Case

Wyatt B. Durrette, Jr. (Derrick L. Walker; Durrette Bradshaw, P.L.C., on briefs), Richmond, for appellant.

John R. Butcher, Special Assistant Attorney General (Jerry W. Kilgore, Attorney General; Roger L. Chaffe, Senior Assistant Attorney General, on brief), for appellee.

Present: FITZPATRICK, C.J., and BENTON, ELDER, ANNUNZIATA, BUMGARDNER, FRANK, HUMPHREYS, CLEMENTS, FELTON and KELSEY, JJ.

UPON A REHEARING EN BANC

BENTON, Jr., Judge.

The Department of Environmental Quality denied a substantial part of a request by 7-Eleven, Inc. for reimbursement from the Petroleum Storage Tank Fund for payments 7-Eleven made when it settled a suit brought by a third-party for property damage related to a petroleum spill. 7-Eleven contends the trial judge erroneously upheld that decision by (1) applying incorrect standards on review, (2) ruling that the issue...

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