VIRGINIA MARINE RESOURCES COM'N v. CLARK

Record Nos. 100034, 100043.

709 S.E.2d 150 (2011)

VIRGINIA MARINE RESOURCES COMMISSION v. Charles CLARK, et al. City of Virginia Beach v. Charles Clark, et al.

Supreme Court of Virginia.

April 21, 2011.


Attorney(s) appearing for the Case

David C. Grandis , Assistant Attorney General ( Kenneth T. Cuccinelli II , Attorney General; Elizabeth A. Andrews , Assistant Attorney General, on briefs), for appellant in No. 100034.

Christopher S. Boynton , Deputy City Attorney ( Mark D. Stiles , City Attorney; Natalie P. Mann , Assistant City Attorney, on briefs), for appellant in No. 100043.

Kevin E. Martingayle (Stallings & Bischoff, on brief), Virginia Beach, for appellees.

Present: KINSER, C.J., LEMONS, GOODWYN, and MILLETTE, JJ., and LACY and KOONTZ, S.JJ.


OPINION BY Senior Justice ELIZABETH B. LACY.

In these combined appeals, we consider whether the Court of Appeals erred in reversing the judgment of the Circuit Court of the City of Virginia Beach dismissing a petition for appeal from a decision of the Virginia Marine Resources Commission (VMRC) because the petition did not contain allegations sufficient to demonstrate standing.

BACKGROUND

The City of Virginia Beach filed an application with the VMRC...

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