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EVELYN v. COM.

Record No. 2945-04-2.

621 S.E.2d 130 (2005)

46 Va. App. 618

Thomas C. EVELYN v. COMMONWEALTH of Virginia Marine Resources Commission.

Court of Appeals of Virginia, Richmond.

October 25, 2005.

Attorney(s) appearing for the Case

Bruce E. Arkema (Cantor Arkema, P.C., on briefs), Richmond, for appellant.

Carl Josephson, Senior Assistant Attorney General (Judith Williams Jagdmann, Attorney General, on brief), for appellee.

Present: ELDER, BUMGARDNER and FRANK, JJ.

ELDER, Judge.

Thomas C. Evelyn (appellant) appeals a circuit court decision holding that the Virginia Marine Resources Commission (VMRC) had the authority to order the removal of a portion of his private pier, located along the Pamunkey River. We hold the governing statutes limit the riparian owner's rights such that he may build, without a permit, only those structures "necessary" or essential to the placement of a private pier for the limited purpose of accessing...

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