VA. MARINE RESOURCES v. CHINCOTEAGUE INN

Record No. 0086-12-1.

731 S.E.2d 6 (2012)

60 Va. App. 585

VIRGINIA MARINE RESOURCES COMMISSION v. CHINCOTEAGUE INN and Raymond Britton.

Court of Appeals of Virginia, Chesapeake.

August 14, 2012.


Attorney(s) appearing for the Case

Paul Kugelman, Jr. , Assistant Attorney General ( Kenneth T. Cuccinelli, II , Attorney General; Elizabeth A. Andrews , Senior Assistant Attorney General; David C. Grandis , Assistant Attorney General, on briefs), for appellant.

Jon C. Poulson for appellees.

Present: ELDER, FRANK and HUMPHREYS, JJ.


FRANK, Judge.

Appellant, the Virginia Marine Resources Commission (VMRC), appeals from an order of the circuit court of Accomack County, holding that VMRC lacked jurisdiction to order appellee, the Chincoteague Inn (the Inn), to remove a floating platform from over state-owned bottomland. VMRC argues the circuit court erred in ruling that VMRC considered the floating addition a vessel where VMRC made no such determination. VMRC also alleges the circuit court erred...

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