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GETTY OIL CO. v. STATE, DEPT. OF NATLURAL RESOURCES

No. AC-296.

419 So.2d 700 (1982)

GETTY OIL COMPANY, Appellant, v. STATE of Florida, DEPARTMENT OF NATURAL RESOURCES; Florida Audubon Society: United Citizens against Pollution, Citizens against Pollution, Inc.; and Thomas N. Wallin, Appellees.

District Court of Appeal of Florida, First District.

September 8, 1982.

Attorney(s) appearing for the Case

William H. Green, Gary P. Sams and Calvin J. Livingston of Hopping, Boyd, Green & Sams, Tallahassee, for appellant.

Jim Smith, Atty. Gen., and Thomas R. Tedcastle and Bruce Barkett, Asst. Attys. Gen., for appellee State Dept. of Natural Resources.

Parker D. Thomson, Richard J. Ovelmen and Douglas M. Halsey of Paul & Thomson, Miami, for appellee Florida Audubon Society.

James R. Brindell, Miami, for appellee United Citizens Against Pollution, Inc.

Thomas N. Wallin, pro se.

BOOTH, Judge.

This cause is before us on appeal from a final order of the Department of Natural Resources denying Getty Oil Company (appellant) a permit to construct a drilling rig or platform within the waters of East Bay, Santa Rosa County, Florida. The issue presented is the interpretation of Florida Statutes, Section 377.242(1),1 which provides, in pertinent part, as follows:

The Division of Resource Management shall be vested...

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