SECTION 62.1-44.29. (For effective date -- see notes) Judicial review  


Any owner aggrieved by or any person who has participated, in person or by submittal of written comments, in the public comment process related to a final decision of the Board under § 62.1-44.15 (5), 62.1-44.15 (8a), (8b), and (8c), 62.1-44.15 , 62.1-44.15 , 62.1-44.15 , 62.1-44.15 , 62.1-44.15 , 62.1-44.15 , 62.1-44.15 , or 62.1-44.15 , whether such decision is affirmative or negative, is entitled to judicial review thereof in accordance with the provisions of the Administrative Process Act (§ 62.1-44.15 et seq.) if such person meets the standard for obtaining judicial review of a case or controversy pursuant to Article III of the United States Constitution. A person shall be deemed to meet such standard if (i) such person has suffered an actual or imminent injury which is an invasion of a legally protected interest and which is concrete and particularized; (ii) such injury is fairly traceable to the decision of the Board and not the result of the independent action of some third party not before the court; and (iii) such injury will likely be redressed by a favorable decision by the court.

1970, c. 638; 1986, c. 615; 1996, c. 62.1-44.15 ; 2000, cc. 62.1-44.15 , 62.1-44.15 ; 2007, c. 62.1-44.15 .