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DECARION v. MARTINEZ

No. 88-943.

537 So.2d 1083 (1989)

George H. DECARION and James E. Roberts, Appellants, v. Bob MARTINEZ, Governor of the State of Florida, Jim Smith, Secretary of State, Bob Butterworth, Attorney General, Gerald Lewis, State Comptroller, Bill Gunter, State Treasurer, Doyle E. Conner, Commissioner of Agriculture, Betty Castor, Commissioner of Education, As and Constituting the Board of Trustees of the Internal Improvement Trust Fund, of the State of Florida, a State Agency, Appellees.

District Court of Appeal of Florida, First District.

January 20, 1989.

Attorney(s) appearing for the Case

James S. Mattson of Mattson & Tobin, Key Largo, Terry E. Lewis, Anne Longman, and Steve Lewis of Messer, Vickers, Caparello, French and Madsen, Tallahassee, for appellants.

Ross S. Burnaman, Asst. Gen. Counsel, Florida Dept. of Natural Resources, Tallahassee, for appellees.

SMITH, Chief Judge.

The appellants appeal a final order of the Board of Trustees of the Internal Improvement Trust Fund (Trustees) denying their application to use submerged state lands. We reverse and remand for further proceedings.

Appellants seek to build a residential development known as Curry Cove on Key Largo in Monroe County, Florida. As part of the development the appellants wish to build a dock containing nine boat slips. This dock will be attached...

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