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ORANGE COUNTY, FLA. v. GAME & FRESH WATER FISH

No. 81-29.

397 So.2d 411 (1981)

ORANGE COUNTY, FLORIDA, a Political Subdivision of the State of Florida, and Ed Mason, As Chairman of the Board of County Commissioners of Orange County, On Behalf of the Citizens and Consumers of Orange County, Florida, Appellants, v. GAME AND FRESH WATER FISH COMMISSION, Appellee.

District Court of Appeal of Florida, Fifth District.

April 22, 1981.

Attorney(s) appearing for the Case

Philip H. Trees, of Gray, Adams, Harris & Robinson, P.A., Orlando, for appellants.

Jim Smith, Atty. Gen., and Thomas R. Tedcastle, Asst. Atty. Gen., Tallahassee, for appellee.

DAUKSCH, Chief Judge.

This is an appeal concerning the adoption of a rule by the Florida Game and Fresh Water Fish Commission (hereafter called "commission") which provided for a limited hunt of wild hogs and deer in the Tosohatchee Wildlife Management Area (hereafter called "Tosohatchee Preserve") in Orange County. We find that neither of the appellants was a party to the rulemaking proceeding in the lower tribunal and that neither is able to appeal this agency action...

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