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ADAM SMITH ENTERPRISES, INC. v. STATE, DEPT. OF ENV. REG.

Nos. 88-1223, 88-1224 and 88-1242.

553 So.2d 1260 (1989)

ADAM SMITH ENTERPRISES, INC., Appellant, v. STATE of FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION, Appellee, and Florida Electric Power Coordinating Group, Inc., West Coast Regional Water Supply Authority, Florida Land Council, Pasco County, and Concerned Citizens of Citrus County, Inc., Appellees/Intervenors below. ALOHA UTILITIES, INC., Interphase Inc., Phase 1, Homes, Inc., A.C. & R., Inc., Tahitian Development, Inc., Great Cypress Mobile Home Village, Inc., and Barrington, Ltd., Appellants, v. STATE of Florida DEPARTMENT OF ENVIRONMENTAL REGULATION and Environmental Regulation Commission, Appellees, and Florida Electric Power Coordinating Group, Inc., West Coast Regional Water Supply Authority, Pasco County and Concerned Citizens of Citrus County, Inc., Appellees/Intervenors below. STATE of Florida DEPARTMENT OF ENVIRONMENTAL REGULATION, Appellant, v. ALLIANCE FOR RATIONAL GROUND WATER RULES, INC., Adam Smith Enterprises, Inc., Aloha Utilities, Inc., Interphase, Inc., Phase 1 Homes, Inc., A.C. & R. Inc., Tahitian Development, Inc., Great Cypress Mobile Home Village, Inc., and Barrington, Ltd., Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied January 10, 1990.

Attorney(s) appearing for the Case

Chris H. Bentley of Rose, Sundstrom & Bentley, Tallahassee, for appellant/appellee Adam Smith Enterprises, Inc.

Martin S. Friedman of Rose, Sundstrom & Bentley, Tallahassee, for appellants/appellees Aloha Utilities, Inc., Interphase Inc., Phase 1 Homes, Inc., A.C. & R., Inc., Tahitian Development, Inc., Great Cypress Mobile Village, Inc., and Barrington, Ltd.

Cynthia K. Christen, Asst. Gen. Counsel, Dept. of Environmental Regulation, Tallahassee, for appellants/appellees Dept. of Environmental Regulation and Environmental Regulation Com'n.

William D. Preston of Hopping, Boyd, Green & Sams, for appellee/intervenor below Florida Elec. Power Coordinating Group, Inc.

Douglas M. Wyckoff of de la Parte, Gilbert & Gramovot, P.A., Tampa, for appellee/intervenor below West Coast Regional Water Supply.

Thomas W. Reese, St. Petersburg, for appellee/intervenor below Concerned Citizens of Citrus County, Inc.

NIMMONS, Judge.

This case involves consolidated appeals and cross appeals from a final order of the Division of Administrative Hearings (DOAH), invalidating certain provisions of the G-1 Rule proposed by the Florida Department of Environmental Regulation (DER) while upholding the validity of other provisions. We affirm.

In 1983, Concerned Citizens of Citrus County, Inc. (Concerned Citizens) filed a petition to initiate rulemaking for a single source reclassification...

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