GAME & FRESH WATER FISH COM'N v. LAKE ISLANDS, LTD.

No. 56868.

407 So.2d 189 (1981)

GAME AND FRESH WATER FISH COMMISSION, Colonel Robert M. Brantley, Executive Director, George R. Langford, Julian V. Smith, Sr., Julian Vereen Smith, Jr., Fincher Williams Smith, Mallory E. Horne, W.C. Vereen, Jr., Robert Fokes, James J. Richardson, Andrew M. Beverly, Ralph E. Proctor, Jr., W. Stanley Proctor, Bryan W. Robinson, A.G. Clements, Sam Perry, James C. Whelchel, Hoyt H. Whelchel, R.B. Wright, Jr., F.R. Pidcock, III, John M. Carlton, Jr., and S.G. McCall, Appellants, v. LAKE ISLANDS, LTD., a Florida Limited Partnership, Madison M. Mosley, W.M. Hildebrandt, and Albert A. Simpler, III, Appellees.

Supreme Court of Florida.

Rehearing Denied January 11, 1982.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., and Carol Z. Bellamy, Asst. Atty. Gen., Tallahassee, G. Kenneth Gilleland, Tallahassee, and James J. Richardson of Richardson Law Offices, Tallahassee, for appellants.

Benjamin K. Phipps, Tallahassee, for appellees.


OVERTON, Justice.

This is an appeal from a trial court judgment holding chapter 65-1841, Laws of Florida, and the implementing administrative rule, unconstitutional as applied to appellees. Chapter 65-1841 authorizes the Game and Fresh Water Fish Commission to regulate the use of motorboats on the public waters of Lake Iamonia in Leon County.1 By rule 16E-14.02, Florida Administrative Code, the...

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