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MANASOTA-88, INC. v. AGRICO CHEMICAL CO.

No. 90-00842.

576 So.2d 781 (1991)

MANASOTA-88, INC., Appellant/Cross-Appellee, v. AGRICO CHEMICAL COMPANY, Appellee/Cross-Appellant, and Department of Environmental Regulation, Appellee/Cross-Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied April 4, 1991.

Attorney(s) appearing for the Case

Peter B. Belmont, St. Petersburg, for appellant/cross-appellee.

Joseph W. Landers, Jr. and Richard A. Lotspeich, Landers & Parsons, P.A., Tallahassee, for appellee/cross-appellant.

Richard T. Donelan, Jr. and Robert G. Gough, Assts. Gen. Counsel, Fla. Dept. of Environmental Regulation, Tallahassee, for appellee/cross-appellee.

HALL, Judge.

In this appeal, Manasota-88, Inc. asks this court to reverse a decision of the Department of Environmental Regulation based upon factual issues and its claim of denial of its due process rights.

Agrico Chemical Corporation filed a permit application with the Department of Environmental Regulation (DER) to mine for phosphate within state wetlands. The DER failed to take action on the application within the ninety-day period prescribed by section...

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