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SUNLAND ESTATES, INC. v. DEPT. OF ENVIR REG.

No. 90-89.

559 So.2d 1253 (1990)

SUNLAND ESTATES, INC., a Florida Corporation, and Cayetano F. Alfonso, Appellants, v. STATE of Florida, DEPARTMENT OF ENVIRONMENTAL REGULATION, Appellee.

District Court of Appeal of Florida, Third District.

April 17, 1990.

Attorney(s) appearing for the Case

B.W. West, Jr., for appellants.

Agusta P. Posner, Tallahassee, for appellee.

Before BARKDULL, NESBITT and JORGENSON, JJ.

PER CURIAM.

We find, as did the Department of Environmental Regulation, that the Rivers and Harbors Act does not pre-empt the authority of the states to require permits for activities within territorial waters of the State which are also waters of the United States, and such activities may depend on concurrent assent by the State and by the United States. Wisconsin v. Illinois, 278 U.S. 367, 49 S.Ct. 163, 73 L.Ed. 426 (1929)...

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