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BOONE v. HARRISON

Record Nos. 1315-07-1, 1316-07-1.

660 S.E.2d 704 (2008)

52 Va. App. 53

Ronald W. BOONE v. Sarah HARRISON and Virginia Marine Resources Commission. Virginia Marine Resources Commission v. Sarah Harrison.

Court of Appeals of Virginia, Chesapeake.

May 20, 2008.

Attorney(s) appearing for the Case

Martin A. Thomas (Decker, Cardon, Thomas, Weintraub & Neskis, P.C., on briefs), for Ronald W. Boone.

Carl Josephson, Senior Assistant Attorney General (Robert F. McDonnell, Attorney General, on briefs), for Virginia Marine Resources Commission.

Thomas S. Carnes, Chesapeake, for Sarah Harrison.

Present: FELTON, C.J., and ELDER and KELSEY, JJ.

KELSEY, Judge.

The Virginia Marine Resources Commission (VMRC) and Ronald W. Boone appeal a circuit court order vacating a VMRC pier permit under the Virginia Administrative Process Act (VAPA), Code § 2.2-4000 et seq. Agreeing with the VMRC and Boone that the court exceeded its authority in doing so, we reverse.

I.

In 2003, Hurricane Isabel destroyed the Harrison Fishing Pier. Boone rebuilt the pier pursuant to special permits authorized...

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