Public-domain · open source
OpenJurist

Va. Code Ann. § 28.2-1313

When Commission to modify, remand, or reverse decision of wetlands board

Applied in 1 court decision — leading case Stearns v. Virginia Marine Resources Commission (2001)

Most recently applied in Stearns v. Virginia Marine Resources Commission (December 2001)

1972, c. 711, § 62.1-13.13; 1975, c. 467; 1992, c. 836.

The Commission shall modify, remand, or reverse the decision of the wetlands board if:

1. The wetlands board, in reaching its decision, failed to fulfill its responsibilities under the wetlands zoning ordinance; or

2. The substantial rights of the appellant or the applicant have been prejudiced because the findings, conclusions, or decisions of the board are:

a. In violation of constitutional provisions;

b. In excess of statutory authority or jurisdiction of the wetlands board;

c. Made upon unlawful procedure;

d. Affected by other error of law;

e. Unsupported by the evidence on the record considered as a whole; or

f. Arbitrary, capricious, or an abuse of discretion.

Official source: Virginia Law Portal (LIS). Reproduced from public-domain Virginia statutes; confirm against the official source for the current text. Not legal advice.