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ROACH v. LOXAHATCHEE GROVES WATER CONT. DIST.

No. 81-134.

417 So.2d 814 (1982)

William S. ROACH, Appellant, v. LOXAHATCHEE GROVES WATER CONTROL DISTRICT, Appellee.

District Court of Appeal of Florida, Fourth District.

August 4, 1982.

Attorney(s) appearing for the Case

John L. Bryan, Jr., of Scott, Royce, Harris & Bryan, P.A., Palm Beach, for appellant.

Don Beverly of Beverly & Freeman, West Palm Beach, for appellee.

OWEN, WILLIAM C., Jr.,

The principal issue on this appeal is whether a water control district created under and governed by Chapter 298, Florida Statutes (1981), properly denied a landowner permission to build a bridge over the district's canal. We hold that the power of a district to deny a bridge permit can only be based on a finding that the proposed bridge would obstruct the water flow in the canals or otherwise threaten the effectiveness of the canals. Accordingly...

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