Court of Appeals of Virginia· 5/3/1988
Johnston-Willis, Ltd. v. Kenley
Citations
- 369 S.E.2d 1
- 6 Va. App. 231
- 4 Va. Law Rep. 2665
- 1988 Va. App. LEXIS 46
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that many issues concerning the propriety of agency actions and decisions are \more accurately described as mixed questions of law and fact\
- holding decisions by agencies on matters within their specialized competence are entitled to “special weight” in the courts
- finding that data regarding birth and fertility rates received from the Virginia Center for Health Statistics constituted “public statistics” upon which the Commissioner could rely even though the statistics were not part of the record
- noting that, “[i]f the issue [of law] falls outside the area generally entrusted to the agency and is one in which courts have a special competence, i.e. . . constitutional law, there is little reason for the judiciary to defer” to the agency” (internal quotations omitted)
- concluding procedural error was harmless
- “The sole determination as to factual issues is whether substantial evidence exists in the agency record to support the agency’s decision.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Koontz
Read full opinion on CourtListenerCited by
179 cases in this archive cite this case; the 20 most cited are listed.
- Alliance v. Com., Dept. of Environ. QualitySupreme Court of Virginia· 2005-11-04· cited 82×
- Jackson v. W.Court of Appeals of Virginia· 1992-05-05· cited 78×
- School Bd. of County of York v. NicelyCourt of Appeals of Virginia· 1991-07-30· cited 77×
- Virginia Real Estate Board v. ClayCourt of Appeals of Virginia· 1989-09-26· cited 76×
- Carter v. GordonCourt of Appeals of Virginia· 1998-08-04· cited 51×
- Sims Wholesale Co. v. Brown-Forman Corp.Supreme Court of Virginia· 1996-04-19· cited 47×
- Last v. Virginia State Board of MedicineCourt of Appeals of Virginia· 1992-07-28· cited 45×
- Turner v. JacksonCourt of Appeals of Virginia· 1992-05-05· cited 39×
- Jones v. WestCourt of Appeals of Virginia· 2005-08-09· cited 33×
- Environmental Defense Fund, Inc. v. Virginia State Water Control BoardCourt of Appeals of Virginia· 1992-10-20· cited 33×
- Doe v. Virginia Board of DentistryCourt of Appeals of Virginia· 2008-06-17· cited 28×
- Holtzman Oil Corp. v. CommonwealthCourt of Appeals of Virginia· 2000-06-06· cited 27×
- Hilliards v. JacksonCourt of Appeals of Virginia· 1998-11-10· cited 26×
- Avante at Lynchburg, Inc. v. TeefeyCourt of Appeals of Virginia· 1998-08-11· cited 25×
- Fralin v. KozlowskiCourt of Appeals of Virginia· 1994-07-26· cited 25×
- Commonwealth Ex Rel. Virginia State Water Control Board v. Blue Ridge Environmental Defense League, Inc.Court of Appeals of Virginia· 2010-06-29· cited 24×
- Loudon Hospital Center v. Robert B. Stroude, M.D.Court of Appeals of Virginia· 2007-10-09· cited 24×
- Tidewater Psychiatric Institute, Inc. v. ButteryCourt of Appeals of Virginia· 1989-07-11· cited 24×
- Johnson v. Virginia Employment Com'nCourt of Appeals of Virginia· 1989-07-25· cited 24×
- Avalon Assisted Living Facilities, Inc. v. ZagerCourt of Appeals of Virginia· 2002-12-31· cited 20×
Cites
15 cases in this archive are cited by this case.
- Consolidated Edison Co. v. National Labor Relations BoardSupreme Court· 1938-12-05· cited 12,026×
- United States v. Pierce Auto Freight Lines, Inc.Supreme Court· 1946-03-11· cited 586×
- Schmidt v. BOARD OF ADJUSTMENT, CITY OF NEWARKSupreme Court of New Jersey· 1952-05-05· cited 185×
- Virginia Real Estate Commission v. BiasSupreme Court of Virginia· 1983-10-14· cited 181×
- Hi-Craft Clothing Co. v. National Labor Relations BoardThird Circuit· 1981-10-01· cited 106×
- Virginia Alcoholic Beverage Control Commission v. York Street Inn, Inc.Supreme Court of Virginia· 1979-08-30· cited 89×
- State Board of Health v. GodfreySupreme Court of Virginia· 1982-04-30· cited 73×
- Atkinson v. Virginia Alcoholic Beverage Control CommissionCourt of Appeals of Virginia· 1985-11-06· cited 55×
- Roanoke Memorial Hospitals v. KenleyCourt of Appeals of Virginia· 1987-01-06· cited 37×
- Bio-Medical Applications of Arlington, Inc. v. KenleyCourt of Appeals of Virginia· 1987-07-07· cited 28×
- Skyline Swannanoa, Inc. v. Nelson CountySupreme Court of Virginia· 1947-10-13· cited 26×
- Merry Heart Nurs. & Conv. Home v. DoughertyNew Jersey Superior Court App Division· 1974-12-04· cited 24×
- Greater St. Louis Health Systems Agcy. v. TeasdaleE.D. Missouri· 1980-06-30· cited 12×
- Norfolk & Western Railway Co. v. CommonwealthSupreme Court of Virginia· 1934-04-11· cited 12×
- Kenley v. Waterway Estates, Ltd.Court of Appeals of Virginia· 1986-09-02· cited 6×
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