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RESIDENTIAL COMMUNITIES OF AMERICA, INC. v. STATE

No. AP-143.

448 So.2d 1155 (1984)

RESIDENTIAL COMMUNITIES OF AMERICA, INC., Appellant, v. STATE of Florida, DEPARTMENT OF ENVIRONMENTAL REGULATION, Don Boyett, Therlene Boyett, Stanley Oliver, Marie Oliver, Raymond Oliver, Henry A. Nobles, Jr., Rosewitha Nobles, Henry Nobles, Sr., Bonnie Nobles, Terry Nelson and Susan Nelson, Appellees.

District Court of Appeal of Florida, First District.

April 13, 1984.

Attorney(s) appearing for the Case

Thomas G. Pelham and J.D. Boone Kuersteiner of Akerman, Senterfitt & Eidson, Tallahassee, for appellant.

J. Alan Cox, Asst. General Counsel, Tallahassee, for appellee DER.

Stanley Oliver, pro se.

Don Boyett, pro se.

Stephen W. Metz and Robert M. Rhodes of Messer, Rhodes & Vickers, Tallahassee, for amicus curiae Florida Home Builders Association.

PER CURIAM.

This case concerns the extent of DER's chapter 403 regulatory powers over a landowner's dredge and fill activities, associated with upland development, in the historic bed of a lake gone partially or completely dry in recent years. In that respect this case is similar to Department of Environmental Regulation v. Falls Chase Special Taxing District, 424 So.2d 787 (Fla...

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