52 Va. App. 53 - Boone v. Harrison’s Empirical Analysis
2008
Citation profile
18 state decisions
Relationships
Relies on Illinois Central Railroad v. Illinois · Illinois Cent Co v. State of Illinois City of Chicago · Brown v. Com. · 43 Va. App. 690 - Mattaponi Indian Tribe v. Commonwealth · Alliance v. Com., Dept. of Environ. Quality
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Relying on the “specialized competency of the VMRC” on such matters, Palmer v. Commonwealth Marine Res. Comm’n, 48 Va.App. 78, 86 , 628 S.E.2d 84, 88 (2006), the legislature did not restrict the VMRC’s judgment to any decisionmaking formula intended to dictate the outcome of each permitting decision. Instead, Code § 28.2-1204 instructs the VMRC to permit “reasonable uses” of state-owned bottomland. The VMRC “shall be guided in its deliberations,” Code § 28.2-1205(A), by the Virginia Constitution’s emphasis on the preservation of the environment, the public’s access to public lands for recreation, and maintenance of all public resources “for the benefit, enjoyment, and general welfare of the people of the Commonwealth,” Va. Const. Art. IX, § 1. Code § 28.2-1205(A) also directs the VMRC to exercise its authority consistent with the “public trust doctrine as defined by the common law of the Commonwealth” and to consider an additional list of specific factors, including the effect of the project on “[a]djacent or nearby properties.” See Palmer, 48 Va.App. at 87-88 , 628 S.E.2d at 89 . “The presence or absence of any given factor is not dispositive of whether a permit should be granted; further, not every factor is applicable in every case.” Id. at 90 , 628 S.E.2d at 90 .”
1 later decision quote this exact passage“the larger premise that, before any legal question can be answered, an a priori question must first be asked-who has the authority to decide. It is the one question that precedes all others.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.