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DOHENY v. GROVE ISLE, LTD.

No. AM-475.

442 So.2d 966 (1983)

David A. DOHENY, Appellant, v. GROVE ISLE, LTD., and State of Florida Department of Environmental Regulation, Appellees.

District Court of Appeal of Florida, First District.

On Rehearing December 8, 1983.

Attorney(s) appearing for the Case

Parker D. Thomson, Richard J. Ovelmen and Douglas M. Halsey of Paul & Thomson, Miami, David A. Doheny, in pro. per., for appellant.

Kenneth G. Oertel of Oertel & Laramore, P.A., Tallahassee, Larry Stewart of Floyd, Pearson, Stewart, Richman, Greer & Weil, Miami, for appellee Grove Isle.

Alfred J. Malefatto, Asst. Gen. Counsel, for Fla. Dept. of Environmental Regulation, Tallahassee, for appellee DER.

Robert M. Rhodes and Patrick K. Wiggins of Messer, Rhodes & Vickers, Tallahassee, for appellees.

MILLS, Judge.

Doheny appeals from a 29 March 1982 order of the Department of Environmental Regulation (DER) directing that a default permit be issued to Grove Isle for construction of a 90-slip boat marina in Biscayne Bay adjacent to Grove Isle's condominium project. The default resulted from DER's alleged failure to approve or deny, within the time prescribed by law, Grove Isle's second application to construct the marina.

This Court previously considered...

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