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GROVE ISLE, LTD. v. STATE DEPT. OF ENVIR. REG.

No. AO-354.

454 So.2d 571 (1984)

GROVE ISLE, LTD., Appellant, v. STATE of Florida DEPARTMENT OF ENVIRONMENTAL REGULATION, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied August 16, 1984.

Attorney(s) appearing for the Case

Kenneth G. Oertel, of Oertel & Hoffman, P.A., Tallahassee, and Larry Stewart, of Floyd, Pearson, Stewart, Richman, Greer & Weil, Miami, for appellant.

John C. Bottcher, Deputy Gen. Counsel; Bram D.E. Canter, Asst. Gen. Counsel, State Dept. of Environmental Regulation, Tallahassee, for appellee.

Parker D. Thomson, Douglas M. Halsey, and Laura Besvinick, and David A. Doheny, Miami, for amici curiae, Tropical Audubon Society, Bayshore Homeowners Ass'n, Coconut Grove Civic Club, Tigertail Ass'n and David A. Doheny.

SHIVERS, Judge.

Grove Isle appeals the final order issued by a hearing officer for the Division of Administrative Hearings (DOAH) upholding the validity of two rules of the Department of Environmental Regulation (DER). At issue is the validity of DER Rules 17-3.041 and 17-4.242, Fla. Admin. Code. These rules were applied by DER in denying Grove Isle's application for a permit to construct a concrete fixed pier marina in Biscayne Bay, a body of water designated as...

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