The Foundation, joined by other local environmental groups, claimed the developer would have unlawfully desecrated 145 acres of forested wetlands to make room for the new community. The organization's argument was based on a state law put in place three years ago that was designed to protect and preserve non-tidal wetland resources in the state. City of Virginia officials had also spoke out against the proposed project. The State Water Control Board had been scheduled to make a decision on the application later this month.

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