Virginia Marine Resources Comm'n v. Clark
Annotate this CaseThis appeal stems from an application made by the City of Virginia Beach to the Virginia Marine Resources Commission (VMRC). The City sought to install a stormwater pipeline over state-owned bottomlands. After a public hearing, the VMRC approved the pipeline project. City residents appealed the decision to the circuit court seeking to enjoin the project. VMRC responded, in part, that the Residents' pleading was insufficient because they did not specify how they were aggrieved by the pipeline project. The City also challenged the Residents' complaint, arguing that it lacked a "proper jurisdictional basis." The circuit court agreed that the Residents' complaint lacked standing and dismissed it, and denied the Residents' motion to amend the petition for appeal. The Residents then raised the matter to the Court of Appeals, and the appellate court reversed the dismissal. On appeal by the City and VMRC, the Supreme Court found that the appellate court misapplied the rule that supported the appellate court's decision, saying the court "misconstrues the role of the rules in such appeals and is inconsistent with established and relevant principles of jurisprudence." The Supreme Court accordingly affirmed the circuit court's decision in favor of the City and VMRC.
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