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HOPWOOD v. STATE DEPT. OF ENVIRONMENTAL REG.

No. YY-256.

402 So.2d 1296 (1981)

Ronald T. HOPWOOD and Milan M. Knor, Appellants, v. STATE of Florida DEPARTMENT OF ENVIRONMENTAL REGULATION, Appellee.

District Court of Appeal of Florida, First District.

August 13, 1981.

Attorney(s) appearing for the Case

Thomas G. Pelham and Roger D. Schwenke of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, Tampa, for appellants.

Terry Cole, Gen. Counsel, and Segundo J. Fernandez and Charles G. Stephens, Asst. Gen. Counsel, Tallahassee, for appellee.

PER CURIAM.

Ronald T. Hopwood and Milan M. Knor (landowners) appeal from a final order of the Department of Environmental Regulation (DER) which directs that their permit application be denied. Landowners essentially argue that DER improperly rejected the DOAH hearing officer's recommended order that their permit application be granted in part. Upon the unique facts of this case, we agree with their contentions and reverse.

The landowners submitted to DER...

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