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GAR-CON DEVELOPMENT v. DEPT. OF ENV. REG.

No. BA-342.

468 So.2d 413 (1985)

GAR-CON DEVELOPMENT, INC., Appellant, v. STATE of Florida, DEPARTMENT OF ENVIRONMENTAL REGULATION, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied May 31, 1985.

Attorney(s) appearing for the Case

Robert A. Routa of Roberts, Egan & Routa, Tallahassee, for appellant.

B.J. Owens, Asst. Gen. Counsel, Department of Environmental Regulation, Sarasota, for appellee.

THOMPSON, Judge.

Appellant seeks review of an administrative order of the Department of Environmental Regulation (DER) which denied it a permit to construct docks. We reverse.

Gar-Con Development, Inc. (Gar-Con) applied for a permit to construct three docks at its property on the Indian River. It intended to construct the docks on pilings driven into the riverbed. DER notified Gar-Con that it intended to deny the request for the permit because the proposed...

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