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CHESAPEAKE BAY FOUNDATION, INC. v. COM.

Record No. 2298-04-2.

616 S.E.2d 39 (2005)

46 Va. App. 104

The CHESAPEAKE BAY FOUNDATION, INC. and Citizens for Stumpy Lake v. COMMONWEALTH of Virginia, ex rel., VIRGINIA STATE WATER CONTROL BOARD, Robert G. Burnley, Director, Virginia Department of Environmental Quality and Tri-City Properties, L.L.C.

Court of Appeals of Virginia, Richmond.

July 19, 2005.

Attorney(s) appearing for the Case

Robert L. Wise (Christopher C. Spencer; Bowman and Brooke, L.L.P., Richmond, on briefs), for appellants.

Robert F. McDonnell (Paul R. Schmidt; Huff, Poole & Mahoney, P.C., on brief), Virginia Beach, for appellee Tri-City Properties, L.L.C.

John K. Byrum, Jr., Assistant Attorney General (Jerry W. Kilgore, Attorney General; Roger L. Chaffe, Senior Assistant Attorney General, on brief), for appellee Commonwealth of Virginia, ex rel., State Water Control Board, Robert G. Burnley, Director, Department of Environmental Quality.

Present: FRANK, J., OVERTON, Senior Judge, and SWERSKY, Retired Judge.

ROBERT P. FRANK, Judge.

This appeal arises out of the State Water Control Board's (Board) issuance of a Virginia Water Protection Permit to Tri-City Properties (Tri-City) that would allow Tri-City to develop a residential and commercial development immediately adjacent to the public Stumpy Lake Nature Preserve. Chesapeake Bay Foundation (CBF) and Citizens for Stumpy Lake (CFSL), appellants, timely appealed the Board's issuance...

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