10.1-1318 - Appeal from decision of Board. - Virginia Statutes

§ 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 reviewthereof in accordance with the provisions of the Administrative Process Act(§ 2.2-4000 et seq.).

B. Any person who has participated, in person or by submittal of writtencomments, in the public comment process related to a final decision of theBoard under § 10.1-1322 and who has exhausted all available administrativeremedies for review of the Board's decision, shall be entitled to judicialreview of the Board's decision in accordance with the provisions of theAdministrative Process Act (§ 2.2-4000 et seq.) if such person meets thestandard for obtaining judicial review of a case or controversy pursuant toArticle III of the United States Constitution. A person shall be deemed tomeet such standard if (i) such person has suffered an actual or imminentinjury which is an invasion of a legally protected interest and which isconcrete and particularized; (ii) such injury is fairly traceable to thedecision of the Board and not the result of the independent action of somethird party not before the court; and (iii) such injury will likely beredressed by a favorable decision by the court.

(1971, Ex. Sess., c. 91, § 10-17.23:2; 1986, c. 615; 1988, c. 891; 1993, c.997; 1996, c. 1032.)