§ 45.1-251. Judicial review of final order or decision or of decision under §45.1-263.
A. Any party aggrieved by a final order or decision, and any decision forentry upon property pursuant to § 45.1-263, issued by the Director, afterexhaustion of the administrative remedies provided for in this chapter, shallhave the right to the judicial review thereof in the circuit court of thecounty or city in which the land or a major portion thereof is located. Inall other respects, judicial review shall be in accordance with theprovisions of the Virginia Administrative Process Act (§ 2.2-4020 et seq.).
B. The commencement of a proceeding under this section shall not, unlessspecifically ordered by the court, operate as a stay of the order or decisionof the Director. The court may, under such conditions as it may prescribe,grant such temporary relief as it deems appropriate pending finaldetermination of the proceedings if:
1. All parties to the proceedings have been notified and given an opportunityto be heard on a request for temporary relief;
2. The person requesting such relief shows that there is a substantiallikelihood that he will prevail on the merits of the final determination ofthe proceeding; and
3. Such relief will not adversely affect the public health or safety or causesignificant imminent environmental harm to land, air or water resources.
C. To any proceeding under this section, the court may award costs andexpenses, including attorneys' fees, to any party and to assess such costsand expenses against any other party as the court may deem proper. For thepurpose of this subsection, the term "party" shall include the Commonwealthor any of its agents, officers or employees.
(1979, c. 290; 1983, c. 93; 1984, c. 590; 1986, c. 615.)
§ 45.1-251. Judicial review of final order or decision or of decision under §45.1-263.
A. Any party aggrieved by a final order or decision, and any decision forentry upon property pursuant to § 45.1-263, issued by the Director, afterexhaustion of the administrative remedies provided for in this chapter, shallhave the right to the judicial review thereof in the circuit court of thecounty or city in which the land or a major portion thereof is located. Inall other respects, judicial review shall be in accordance with theprovisions of the Virginia Administrative Process Act (§ 2.2-4020 et seq.).
B. The commencement of a proceeding under this section shall not, unlessspecifically ordered by the court, operate as a stay of the order or decisionof the Director. The court may, under such conditions as it may prescribe,grant such temporary relief as it deems appropriate pending finaldetermination of the proceedings if:
1. All parties to the proceedings have been notified and given an opportunityto be heard on a request for temporary relief;
2. The person requesting such relief shows that there is a substantiallikelihood that he will prevail on the merits of the final determination ofthe proceeding; and
3. Such relief will not adversely affect the public health or safety or causesignificant imminent environmental harm to land, air or water resources.
C. To any proceeding under this section, the court may award costs andexpenses, including attorneys' fees, to any party and to assess such costsand expenses against any other party as the court may deem proper. For thepurpose of this subsection, the term "party" shall include the Commonwealthor any of its agents, officers or employees.
(1979, c. 290; 1983, c. 93; 1984, c. 590; 1986, c. 615.)
§ 45.1-251. Judicial review of final order or decision or of decision under §45.1-263.
A. Any party aggrieved by a final order or decision, and any decision forentry upon property pursuant to § 45.1-263, issued by the Director, afterexhaustion of the administrative remedies provided for in this chapter, shallhave the right to the judicial review thereof in the circuit court of thecounty or city in which the land or a major portion thereof is located. Inall other respects, judicial review shall be in accordance with theprovisions of the Virginia Administrative Process Act (§ 2.2-4020 et seq.).
B. The commencement of a proceeding under this section shall not, unlessspecifically ordered by the court, operate as a stay of the order or decisionof the Director. The court may, under such conditions as it may prescribe,grant such temporary relief as it deems appropriate pending finaldetermination of the proceedings if:
1. All parties to the proceedings have been notified and given an opportunityto be heard on a request for temporary relief;
2. The person requesting such relief shows that there is a substantiallikelihood that he will prevail on the merits of the final determination ofthe proceeding; and
3. Such relief will not adversely affect the public health or safety or causesignificant imminent environmental harm to land, air or water resources.
C. To any proceeding under this section, the court may award costs andexpenses, including attorneys' fees, to any party and to assess such costsand expenses against any other party as the court may deem proper. For thepurpose of this subsection, the term "party" shall include the Commonwealthor any of its agents, officers or employees.
(1979, c. 290; 1983, c. 93; 1984, c. 590; 1986, c. 615.)
