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State court of last resort · ST-VA-SC
Alliance to Save the Mattaponi v. Commonwealth
No. 042196Supreme Court of Virginia
042196 Alliance to Save the Mattaponi v. Commonwealth 11/04/2005 In a dispute over construction of a reservoir, Code § 62.1-44.29 waives sovereign immunity for judicial review of Water Control Board actions. T…
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042196 Alliance to Save the Mattaponi v. Commonwealth 11/04/2005 In a dispute over construction of a reservoir, Code § 62.1-44.29…
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- Supreme Court of Virginia
- First added here
- October 4, 2026
- Last entry
- November 4, 2005
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042196 Alliance to Save the Mattaponi v. Commonwealth 11/04/2005 In a dispute over construction of a reservoir, Code § 62.1-44.29 waives sovereign immunity for judicial review of Water Control Board actions. The Board properly applied Code § 62.1-44.15:5(C) and the judgment under the Administrative Process Act is affirmed. On separate claims transferred from the Court of Appeals, that portion of the circuit court's judgment holding that a particular Treaty is Virginia law is affirmed. The circuit court's judgment that it lacked jurisdiction to consider the separate Treaty claims is reversed, and those claims are remanded for further proceedings.
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· Supreme Court of Virginia
ReversedAffirmedRemanded
The court's record, as written
042196 Alliance to Save the Mattaponi v. Commonwealth 11/04/2005 In a dispute over construction of a reservoir, Code § 62.1-44.29 waives sovereign immunity for judicial review of Water Control Board actions. The Board properly applied Code § 62.1-44.15:5(C) and the judgment under the Administrative Process Act is affirmed. On separate claims transferred from the Court of Appeals, that portion of the circuit court's judgment holding that a particular Treaty is Virginia law is affirmed. The circuit court's judgment that it lacked jurisdiction to consider the separate Treaty claims is reversed, and those claims are remanded for further proceedings.
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