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MATTAPONI INDIAN TRIBE v. VIRGINIA MARINE RESOURCES COMMISSION

No. 2581-03-1.

601 S.E.2d 686 (2004)

43 Va. App. 728

THE MATTAPONI INDIAN TRIBE, Carl T. Lone Eagle Custalow, Chief, v. VIRGINIA MARINE RESOURCES COMMISSION and the City of Newport News.

Court of Appeals of Virginia.

August 31, 2004.

Attorney(s) appearing for the Case

Eric D. Albert (Hope M. Babcock, Washington, DC; Jesse Travis, Law Student Intern; David S. Bailey; Georgetown University Law Center Institute for Public Representation; David S. Bailey, L.L.C., Beaverdam, on briefs), for intervenor appellant.

John K. Byrum Jr., Assistant Attorney General (Jerry W. Kilgore, Attorney General; Roger L. Chaffe, Senior Assistant Attorney General; Carl Josephson, Assistant Attorney General, on brief), for appellee Virginia Marine Resources Commission.

George A. Somerville (James E. Ryan, Jr.; M. Scott Hart; Stuart E. Katz, City Attorney; Allen L. Jackson, Chief Deputy City Attorney; Troutman Sanders, LLP, on brief), for appellee City of Newport News.

Present: Chief Judge FITZPATRICK, Judge KELSEY and Retired Judge STEPHENS Argued at Richmond, Virginia.

KELSEY, J.

The City of Newport News filed a circuit court appeal under the Virginia Administrative Process Act (VAPA), Code § 2.2-4000 et seq. challenging a decision of the Virginia Marine Resources Commission (VMRC). The Mattaponi Indian Tribe and Chief Carl T. Lone Eagle Custalow (collectively, the Tribe) sought to intervene in the VAPA circuit court case. On September 25, 2003, the circuit court denied the motion to intervene. The Tribe filed a notice...

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