BOOKER CREEK PRES., INC. v. S.W. FLA. WATER MGT. DIST.

No. 87-556.

534 So.2d 419 (1988)

BOOKER CREEK PRESERVATION, INC. Manasota 88, Inc. and Sierra Club, Appellants, v. SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied December 17, 1988.


Attorney(s) appearing for the Case

Peter B. Belmont, St. Petersburg, for appellants.

Kent A. Zaiser, Deputy Gen. Counsel, and A. Patricia Allen, Sr. Atty., Southwest Florida Water Management Dist., Brooksville, for appellee.

Roger W. Sims and Lawrence E. Sellers, Jr., Holland & Knight, Tallahassee, for amicus curiae, Florida Phosphate Council, Inc.


SHARP, Chief Judge.

Booker Creek Preservation, Inc., Manasota 88, Inc., and Sierra Club challenge the twelve exemptions created by the Southwest Florida Water Management District (the "District") in its newly adopted rule which establishes permitting criteria for isolated wetlands. Appellants appeared at the public hearings held by the District prior to its adoption of the rule. They timely appeal from an order of the District which adopted the rule

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