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Developed and maintained by the Division of Legislative Automated Systems.
1996 SESSION
960786376Patrons-- Murphy, Abbitt, Callahan, Christian, Crittenden, Darner, Grayson and Puller; Senators: Gartlan, Howell, Lucas, Miller, Y.B. and Woods
Be it enacted by the General Assembly of Virginia:
1. That §§ 10.1-1318 and 62.1-44.29 of the Code of Virginia are amended and reenacted as follows:
§ 10.1-1318. Appeal from decision of Board.
A. Any owner aggrieved by a final decision of the Board under § 10.1-1309, § 10.1-1322 or subsection D of § 10.1-1307 is entitled to judicial review thereof in accordance with the provisions of the Administrative Process Act (§ 9-6.14:1 et seq.).
B. Any person who is aggrieved by has participated, in person
or by submittal of written comments, in the public comment process related to
a final decision of the Board under § 10.1-1322, who
participated, in person or by submittal of written comments, in the
public comment process related to the Board's decision and who has exhausted
all available administrative remedies for review of the Board's
decision, shall be entitled to judicial review of the Board's
decision in accordance with the provisions of the Administrative Process Act
(§ 9-6.14:1 et seq.) if such person meets the standard for obtaining
judicial review of a case or controversy pursuant to
Article III of the United States
Constitution. The person invoking
jurisdiction under this subsection bears the burden of establishing that
A person shall be deemed to meet such standard if (i) such
person has suffered an actual, threatened or imminent
injury; (ii) such injury which is
an invasion of an immediate, a legally protected,
pecuniary and substantial interest and which is concrete and
particularized; (iii) (ii) such injury is fairly
traceable to the decision of the Board and not the result of the
independent action of some third party not before the court; and
(iv) (iii) such injury will likely be redressed by a
favorable decision by the court.
§ 62.1-44.29. Judicial review.
(1) Any owner aggrieved by, or any
person who has participated, in person or by submittal of written
comments, in the public comment process related to,
a final decision of the Board under §§ 62.1-44.15 (5),
62.1-44.15 (8a), (8b), and (8c), 62.1-44.16, 62.1-44.17, 62.1-44.19 or §
62.1-44.25, whether such decision is affirmative or negative in
form, is entitled to judicial review thereof in accordance with the
provisions of the Administrative Process Act (§ 9-6.14:1 et seq.) if
such person meets the standard for obtaining judicial review of a case or
controversy pursuant to Article III of the United
States Constitution. A person
shall be deemed to meet such standard if (i) such person has suffered an actual
or imminent injury which is an invasion of a
legally protected interest and which is concrete and
particulized, (ii) such injury is fairly traceable to a
decision of the Board and not the result of the independent action
of some third party not before the court, and (iii) such
injury will likely be redressed by a favorable decision by the court.
(2) through (8) [Repealed.]