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KEY HAVEN ASSOCIATED ENTERPRISES, INC. v. BOARD OF TRUSTEES OF INTERNAL IMPROVEMENT TRUST FUND

No. TT-255.

400 So.2d 66 (1981)

KEY HAVEN ASSOCIATED ENTERPRISES, INC., Appellant, v. BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND and Dept. of Environmental Regulation et al., Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied July 13, 1981.

Attorney(s) appearing for the Case

Mallory H. Horton, of Horton, Perse & Ginsberg, and David Paul Horan, of Taylor, Brion, Buker & Greene, Key West, for appellant.

Terry Cole and Kent A. Zaiser, Tallahassee, for appellees.

ROBERT P. SMITH, Jr., Judge.

Appellant Key Haven urges that the circuit court erred by dismissing, for Key Haven's failure to exhaust Chapter 120 remedies in a licensing dispute, its inverse condemnation complaint against the Department of Environmental Regulation. Judge Hartwell's decision to abstain was the preeminently correct response to a litigant who sought extraordinary constitutional remedies after abandoning opportunities...

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