62.1-44.29 - Judicial review. - Virginia Statutes

§ 62.1-44.29. Judicial review.

Any owner aggrieved by or any person who has participated, in person or bysubmittal of written comments, in the public comment process related to afinal decision of the Board under § 62.1-44.15 (5), 62.1-44.15 (8a), (8b),and (8c), 62.1-44.15:20, 62.1-44.15:21, 62.1-44.15:22, 62.1-44.15:23,62.1-44.16, 62.1-44.17, 62.1-44.19, or 62.1-44.25, whether such decision isaffirmative or negative, is entitled to judicial review thereof in accordancewith the provisions of the Administrative Process Act (§ 2.2-4000 et seq.) ifsuch person meets the standard for obtaining judicial review of a case orcontroversy pursuant to Article III of the United States Constitution. Aperson shall be deemed to meet such standard if (i) such person has sufferedan actual or imminent injury which is an invasion of a legally protectedinterest and which is concrete and particularized; (ii) such injury is fairlytraceable to the decision of the Board and not the result of the independentaction of some third party not before the court; and (iii) such injury willlikely be redressed by a favorable decision by the court.

(1970, c. 638; 1986, c. 615; 1996, c. 1032; 2000, cc. 1032, 1054; 2007, c.659.)