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STATE, DEPT. OF ENV. REGULATION v. MACKAY

No. 88-2776.

544 So.2d 1065 (1989)

STATE of Florida, DEPARTMENT OF ENVIRONMENTAL REGULATION, Appellant, v. Raymond MACKAY and Irene Mackay, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 21, 1989.

Attorney(s) appearing for the Case

Richard Grosso, Tallahassee, for appellant.

David Paul Horan, Key West, for appellees.

Before SCHWARTZ, C.J., and HUBBART and BASKIN, JJ.

PER CURIAM.

Raymond and Irene MacKay own 3.2 acres of land in Key West, Florida. Two and one-half acres lie completely underneath the Key West Salt Ponds. The remaining .7 acre of land consists of transitional wetlands and uplands. In 1983, the MacKays applied to the State of Florida, Department of Environmental Regulation, [Department] for permission to fill the submerged portions of their property. The Department denied the application, and the MacKays sued, alleging...

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