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BURKE v. HARBOR ESTATES ASSOCIATES, INC.

No. 90-01782.

591 So.2d 1034 (1991)

Edmund BURKE, Appellant, v. HARBOR ESTATES ASSOCIATES, INC. and Department of Environmental Regulation, Appellees.

District Court of Appeal of Florida, First District.

December 26, 1991.

Attorney(s) appearing for the Case

J.A. Jurgens of Jones, Foster, Johnston & Stubbs, P.A., West Palm Beach, for appellant.

Peter B. Belmont, St. Petersburg, for appellee Harbor Estates Associates, Inc.

Patricia E. Comer, Tallahassee, for appellee Dept. of Environmental Regulation.

Richard Grosso, and Dan Hendrickson, Tallahassee, for Common Cause/Florida, Inc. and Florida Wildlife Federation, Inc., amicus curiae.

BOOTH, Judge.

This cause is before us on appeal from a final order of the Secretary of the Department of Environmental Regulation (DER), rejecting a hearing officer's recommendation that appellant receive an award of attorney fees under Section 120.59(6), Florida Statutes. Appellant argues that DER erred in rejecting the hearing officer's finding that appellee Harbor Estates Associates, Inc. (Harbor Estates) participated in a Section 120.57(1) proceeding for an improper...

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