Supreme Court of Virginia
Virginia Marine Resources Com'n v. Clark
April 21, 2011709 S.E.2d 150
Summary
The Supreme Court of Virginia held that a petition for appeal of a Virginia Marine Resources Commission decision must contain allegations showing the petitioner is a "person aggrieved" under Code § 28.2-1205(F). The circuit court’s dismissal of the Residents’ appeal for failure to plead sufficient standing was proper, and the Court of Appeals’ reversal was erroneous, so the Supreme Court reversed the Court of Appeals and reinstated the circuit court judgment.
Holding
- Whether a petition for appeal must allege standing under Code § 28.2-1205(F). The petition must contain allegations sufficient to demonstrate that the petitioner is a "person aggrieved"; failure to do so justifies dismissal.
Docket 100034
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