MANASOTA-88, INC. v. GARDINIER, INC.

Nos. BD-124, BD-296 and BE-22.

481 So.2d 948 (1986)

MANASOTA-88, INC., et al., Appellants, v. GARDINIER, INC., the Florida Phosphate Council, Inc., and State of Florida, Department of Environmental Regulation, Appellees. MANASOTA-88, INC., Appellant, v. GARDINIER, INC., and State of Florida, Department of Environmental Regulation, Appellees. Dan LYONS and Manasota-88, Inc., Appellants, v. STATE of Florida, DEPARTMENT OF ENVIRONMENTAL REGULATION, Appellee.

District Court of Appeal of Florida, First District.

January 7, 1986.


Attorney(s) appearing for the Case

Thomas W. Reese, St. Petersburg, for appellants.

Robert L. Rhodes, Jr., Lawrence E. Sellers, Jr. and Lynn H. Townsend of Holland & Knight, Lakeland, for Gardinier, Inc. and Florida Phosphate Council.

Charles G. Stephens and Clare E. Gray, Tallahassee, for Dept. of Environmental Regulation.


MILLS, Judge.

Manasota-88, Inc. (M-88) appeals final administrative orders of the Department of Environmental Regulation (DER) denying its petitions for a hearing pursuant to Section 120.57, Florida Statutes (1983), and for a declaratory statement pursuant to Section 120.565, Florida Statutes (1983). Dan Lyons joins M-88 in an appeal of a final order denying a second petition for declaratory statement. We affirm in part and reverse in part.

Gardinier, Inc...

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