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Fries, Town of v. State Water Control Bd.

ELR Citation: 22 ELR 21250
Nos. No. 1859-90-3, 409 S.E.2d 634/(Va. Ct. App., 10/01/1992)

The court holds that none of the parties challenging the Virginia State Water Control Board's issuance of a state pollutant discharge elimination system (SPDES) permit to the city of Galax for the building of an enlarged sewage treatment plant has standing under Virginia's Administrative Process Act to seek judicial review of the Board's action. The challenging parties, a town, a civic organization, individual riparian landowners, and sand and gravel operators, all located on or near the river into which Galax intends to discharge from its expanded treatment plant, are not "owners aggrieved" under the applicable provision, §9-6.14:16, for which judicial review is provided. Rather, the parties' interest is in protecting against the possible future degradation of the river if the permit is granted. The Board's only action has been to issue an SPDES permit to Galax, and the permit does not, and cannot, authorize any harm to private property, and does not protect Galax if it does.

Counsel for Appellants
Terry N. Grimes
King, Fulghum, Snead, Nixon & Grimes
112 W. Kirk Ave., Roanoke VA 24011
(703) 982-3711

Counsel for Appellees
David E. Evans
McGuire, Woods, Battle & Boothe
One James Center, Richmond VA 23219
(804) 775-1000

Present: KOONTZ, C.J., and DUFF and WILLIS, JJ.