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CLARK v. VIRGINIA MARINE RESOURCES COM'N

Record No. 0925-09-1.

685 S.E.2d 863 (2009)

55 Va. App. 328

Charles CLARK, Jane Clark, William D. Frierson, III, Grace A. Frierson, Carmen Infantino, Gwen Infantino, Robert T. Larned, Nancy Russel Larned, George S. Loder, Elisabeth B. Martingayle, Barbara L. Matacia, Alexander McArthur, Barbara McArthur, Betty Jean McMurran, Nicholas S. Michaels, Patsy C. Michaels, Bruce B. Mills, Bradley Nott, Jane Nott, Charles C. Payne, Carolyn C. Payne, Heather B. Richardson and Noel Briddell Simmons v. VIRGINIA MARINE RESOURCES COMMISSION and City of Virginia Beach.

Court of Appeals of Virginia, Richmond.

December 8, 2009.

Attorney(s) appearing for the Case

Kevin E. Martingayle (Stallings & Bischoff, P.C., on briefs), Virginia Beach, for appellants.

David C. Grandis, Assistant Attorney General (William C. Mims, Attorney General; Roger L. Chaffe, Senior Assistant Attorney General; Carl Josephson, Senior Assistant Attorney General, on brief), for appellee Virginia Marine Resources Commission.

Natalie P. Mann, Assistant City Attorney (Mark Stiles, City Attorney; Christopher S. Boynton, Deputy City Attorney, on brief), for appellee City of Virginia Beach.

Present: FRANK, PETTY and McCLANAHAN, JJ.

ROBERT P. FRANK, Judge.

Charles Clark and his 22 co-appellants appeal a circuit court order dismissing their appeal from the Virginia Marine Resources Commission ("the Commission"). Appellants contend the circuit court erred in dismissing the appeal because their petition for appeal did not contain allegations sufficient to demonstrate that they have legal standing to appeal the Commission's decision. Appellants also claim the circuit court erred in rejecting and...

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