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CONSERVANCY, INC. v. A. VERNON ALLEN BUILDER, INC.

No. 90-520.

580 So.2d 772 (1991)

The CONSERVANCY, INC. and Florida Audubon Society, Appellants, v. A. VERNON ALLEN BUILDER, INC. and State of Florida Department of Environmental Regulation, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied May 7, 1991.

Attorney(s) appearing for the Case

Joseph Z. Fleming, of Joseph Z. Fleming, P.A., Miami, for appellants.

Terry E. Lewis and Kevin S. Hennessy, of Messer, Vickers, Caparello, French, Madsen & Lewis, P.A., West Palm Beach, for appellee/A. Vernon Allen Builder, Inc.

Carol A. Forthman, Deputy General Counsel, for appellee/Florida Department of Environmental Regulation.

WIGGINTON, Judge.

The Conservancy, Inc. and Florida Audubon Society bring this appeal from the final order of the Department of Environmental Regulation granting a dredge and fill permit. Although we affirm a number of the issues raised on appeal, we must on one point reverse and remand for further proceedings.

In April 1988, appellee A. Vernon Allen Builder, Inc. (Builder) submitted its application to the Department of Environmental Regulation (DER or Department...

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