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COUN. OF LOWER KEYS v. CHARLEY TOPPINO & SONS, INC.

No. 82-1892.

429 So.2d 67 (1983)

COUNCIL OF THE LOWER KEYS, Appellant, v. CHARLEY TOPPINO & SONS, INC., and the State of Florida, Department of Environmental Regulation, Appellees.

District Court of Appeal of Florida, Third District.

April 5, 1983.

Attorney(s) appearing for the Case

Milledge & Hermelee and Earl G. Gallop, Miami, for appellant.

Sireci, Allen, Kelly & Muldoon and Mark Kelly, Key West, Charles G. Stephens, Tallahassee, for appellees.

Before SCHWARTZ, C.J., and DANIEL S. PEARSON and FERGUSON, JJ.

PER CURIAM.

We agree with the conclusions of the Department of Environmental Regulation that it is not required or authorized by Sec. 163.3194(1), Fla. Stat. (1981)1 to deny or modify an air pollution permit, issued pursuant to Sec. 403.087, Fla. Stat. (1981) and Florida Administrative Code Rules 17-2 and 17-4, because of alleged non-compliance with local zoning ordinances, land-use restrictions or long-range development plans; and that...

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