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BD. OF MONROE CTY. COM'RS v. DEPT. OF COMMUNITY AFFAIRS

No. 89-1804.

560 So.2d 240 (1990)

BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, Appellant, v. DEPARTMENT OF COMMUNITY AFFAIRS, AND 1000 Friends of Florida, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 22, 1990.

Attorney(s) appearing for the Case

Randy Ludacer, Monroe County Atty., for appellant.

L. Kathryn Funchess, Sr. Atty., and David L. Jordon, Sr. Atty., for appellee, Fla. Dept. of Community Affairs.

G. Steven Pfeiffer, Tallahassee, for appellee, 1000 Friends of Florida.

Before BASKIN, LEVY, and GERSTEN, JJ.

GERSTEN, Judge.

Appellant, Board of County Commissioners of Monroe County (Monroe County), appeals a final order of the appellee, Florida Department of Community Affairs (FDCA), prohibiting Monroe County from "any and all construction" on a road. We reverse.

The facts may be briefly stated. Monroe County acquired a right-of-way in an area designated as an "area of critical state concern." §§ 380.05, 380...

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