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MARINE RESOURCES COM'N v. CHINCOTEAGUE INN

Record No. 130239.

757 S.E.2d 1 (2014)

VIRGINIA MARINE RESOURCES COMMISSION v. CHINCOTEAGUE INN, et al.

Supreme Court of Virginia.

April 17, 2014.

Attorney(s) appearing for the Case

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

Jon C. Poulson for appellees.

Present: All the Justices.

Opinion by Justice LEROY F. MILLETTE, JR.

In this appeal we consider whether the Court of Appeals erred in holding that the Virginia Marine Resources Commission lacked authority under Virginia law to regulate the expansion of the Chincoteague Inn's restaurant operations onto a floating platform secured alongside its building and situated partially over state-owned subaqueous bottomland.

I. Facts and Proceedings

A. Relevant Facts

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