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LOPEZ-TORRES v. DEPARTMENT OF TRANSP.

No. 85-360.

488 So.2d 848 (1986)

Dr. and Mrs. Augusto LOPEZ-TORRES, Town of Ocean Ridge and Audubon Society of the Everglades, Appellants, v. DEPARTMENT OF TRANSPORTATION, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 13, 1986.

Attorney(s) appearing for the Case

Hugh MacMillan, Jr., of Edwards & Angell, Palm Beach, for appellants Lopez-Torres.

James Brindell of Gunster, Yoakley, Criser, & Stewart, P.A., Palm Beach, for appellant Audubon Soc.

John C. Randolph and Maureen Hackett of Johnston, Sasser, Randolph & Weaver, West Palm Beach, for appellant Town of Ocean Ridge.

A.J. Spalla, Gen. Counsel, and Franz E. Dorn, Appellate Atty., Tallahassee, for appellee.

Marta M. Suarez-Murias of James W. Vance, P.A., West Palm Beach, amicus curiae for City of Boynton Beach.

J. Michael Haygood of Haygood & Williams, P.A., West Palm Beach, amicus curiae for Boynton Beach Community Redevelopment Agency.

LETTS, Judge.

This is a tale of two cities at odds over the location of a "replacement" bridge over the navigable inland waterway. The Department of Transportation (DOT) scheduled the bridge for construction at a different location from the existing deteriorating span. On the one hand, the City of Boynton Beach, situated on the mainland, sides with the DOT and seeks the replacement at the new location, 700 feet north of the old. On the other hand, the barrier island...

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