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CBF v. VIRGINIA STATE WATER CONTROL BD.

Record No. 2545-07-2.

667 S.E.2d 844 (2008)

52 Va. App. 807

CHESAPEAKE BAY FOUNDATION, INC. v. COMMONWEALTH of Virginia, ex rel. VIRGINIA STATE WATER CONTROL BOARD, David K. Paylor, Director, Virginia Department of Environmental Quality and City of Newport News, Virginia.

Court of Appeals of Virginia, Richmond.

November 4, 2008.

Attorney(s) appearing for the Case

Jon A. Mueller (Joseph J. Tannery; Chesapeake Bay Foundation, Inc., on briefs), for appellant.

Alfred B. Albiston, Assistant Attorney General (Robert F. McDonnell, Attorney General; Roger L. Chaffe, Senior Assistant Attorney General, on brief), for appellees Commonwealth of Virginia, ex rel. Virginia State Water Control Board and David K. Paylor, Director, Virginia Department of Environmental Quality.

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

Present: ELDER and CLEMENTS, JJ., and BUMGARDNER, Senior Judge.

LARRY G. ELDER, Judge.

The Chesapeake Bay Foundation, Inc. (CBF), appeals from a decision upholding the extension of a Virginia Water Protection Permit (VWP permit) previously issued to the City of Newport News for the construction and operation of a reservoir in King William County. On appeal, CBF contends the circuit court erred in granting the demurrers of Newport News and the Commonwealth agencies and official involved in the proceedings,1

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