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STATE BY & THRO. STATE ATTY. v. GEN. DEV. CORP.

No. 83-58.

448 So.2d 1074 (1984)

STATE of Florida, by and through the STATE ATTORNEY FOR the TWELFTH JUDICIAL CIRCUIT, Appellant, v. GENERAL DEVELOPMENT CORPORATION, a Delaware Corporation Authorized to Do Business in Florida, Appellee.

District Court of Appeal of Florida, Second District.

March 23, 1984.

Attorney(s) appearing for the Case

James A. Gardner, State Atty., and David M. Levin, Asst. State Atty., Sarasota, for appellant.

Joseph Z. Fleming of Fleming & Huck and Robert Josefsberg of Podhurst, Orseck, Parks, Josefsberg, Eaton, Meadow & Olin, P.A., Wayne L. Allen and Valerie F. Fravel, Miami, and Judith S. Kavanaugh of Dye, Cleary, Scott & Deitrich, P.A., Bradenton, for appellee.

RYDER, Judge.

In this appeal we are presented with a question of first impression concerning civil and administrative enforcement of the state's environmental laws, particularly Chapter 403, by an individual state attorney. Specifically, appellant James A. Gardner, the State Attorney for the Twelfth Judicial Circuit, seeks review of an order dismissing his independently initiated1 complaint for damages and civil penalties filed pursuant...

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