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HOLLOWELL v. VA. MARINE RESOURCES COM'N

Record No. 0948-09-1.

691 S.E.2d 500 (2010)

56 Va. App. 70

Robert HOLLOWELL v. VIRGINIA MARINE RESOURCES COMMISSION.

Court of Appeals of Virginia, Chesapeake.

April 20, 2010.

Attorney(s) appearing for the Case

Lee Anne Washington for appellant.

Carl Josephson, Senior Assistant Attorney General (William C. Mims, Attorney General; Roger L. Chaffe, Senior Assistant Attorney General, on brief), for appellee.

Present: HUMPHREYS, McCLANAHAN, JJ., and WILLIS, S.J.

McCLANAHAN, Judge.

Robert Hollowell appeals from an order of the circuit court: (i) holding that 4 VAC 20-1140-20, promulgated by the Virginia Marine Resources Commission (VMRC) in regard to regulating crab dredging, exceeded the authority given to VMRC in the enabling legislation (Code § 28.2-707); (ii) setting aside part of the regulation; and (iii) directing VMRC to amend it. Hollowell also appeals from the circuit...

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