                                 CODE OF VIRGINIA

 JUDICIAL REVIEW OF FINAL ORDER OR DECISION OR DECISION UNDER § 45.2-1035 (§
45.2-1027)

A. Any party aggrieved by a final order, decision, or decision for entry upon
property pursuant to &#xA7; 45.2-1035, issued by the Director, after exhaustion
of the administrative remedies provided for in this chapter, has the right to
the judicial review thereof in the circuit court of the county or city in which
the land at issue or a major portion thereof is located. In all other respects,
judicial review shall be in accordance with the provisions of the Administrative
Process Act (&#xA7; 2.2-4000 et seq.).

B. The commencement of a proceeding under this section shall not, unless
specifically ordered by the court, operate as a stay of the order or decision of
the Director. The court may, under such conditions as it prescribes, grant such
temporary relief as it deems appropriate pending final determination of the
proceedings if:

   1. All parties to the proceedings have been notified and given an opportunity
   to be heard on a request for temporary relief;

   2. The person requesting such relief shows that there is a substantial
   likelihood that he will prevail on the merits of the final determination of
   the proceeding; and

   3. Such relief will not adversely affect the public health or safety or cause
   significant imminent environmental harm to land, air, or water resources.

C. The court may award costs and expenses, including attorney fees, to any party
to any proceeding under this section and may assess such costs and expenses
against any other party as the court deems proper. For the purpose of this
subsection, &#8220;party&#8221; includes the Commonwealth or any of its agents,
officers, or employees.

HISTORY: 1979, c. 290, § 45.1-251; 1983, c. 93; 1984, c. 590; 1986, c. 615;
2021, Sp. Sess. I, c. 387.