Riverview Farm Associates Virginia General Partnership v. Commonwealth

No. 2337-98-2 (Va. Ct. App. December 7, 1999)

ELR Digest

The court holds that the doctrine of sovereign immunity did not bar appeal of a state water control board permit modification. The board granted a permit modification for a dredge and fill operation after providing a public comment period and denying a hearing. On appeal, the board argued that sovereign immunity precluded judicial review of the board's decision to modify the permit. The court, however, holds that according to state precedent, a state statute governing the issuance of permits under Clean Water Act § 401 expressly waives the board's sovereign immunity as to the grant of dredge and fill permits.

The full text of this opinion is available from ELR (4 pp., ELR Order No. L-130).

Counsel for Appellants
David S. Bailey
Law Offices of David S. Bailey
16397 Triple Creek La., Beaverdam VA 23015
(804) 227-3122

Counsel for Appellees
Carl Josephson, Ass't Attorney General
Attorney General's Office
900 E. Main St., Richmond VA 23219
(804) 786-2071

[30 ELR 20216]

[OPINION OMITTED BY PUBLISHER IN ORIGINAL SOURCE]