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STATE, ETC. v. OYSTER BAY ESTATES

No. OO-444.

384 So.2d 891 (1980)

STATE of Florida DEPARTMENT OF ENVIRONMENTAL REGULATION, Appellant, v. OYSTER BAY ESTATES, INC., a Florida Corporation, and Robert I. Kornegay, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied July 2, 1980.

Attorney(s) appearing for the Case

Sheri W. Smallwood and William L. Hyde, Asst. Gen. Counsel, William W. Deane, Asst. Gen. Counsel, Dept. of Environmental Regulation, Tallahassee, for appellant.

Robert J. Angerer, Tallahassee, for appellees.

LARRY G. SMITH, Judge.

The State of Florida Department of Environmental Regulation appeals from a summary declaratory judgment in which the trial court determined that appellees-Oyster Bay Estates, Inc., and Robert I. Kornegay, may proceed with development of their waterfront property in Wakulla County without being required to obtain a permit under Sections 403.087 and 403.088, Florida Statutes (1979). The Department contends that the trial judge erroneously determined...

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