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COLLIER DEV. CORP. v. STATE DEPT. OF ENV. REG.

Nos. 91-01573, 91-01790.

592 So.2d 1107 (1991)

COLLIER DEVELOPMENT CORPORATION, Petitioner, v. STATE of FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION, and Veronica Donnelly, Hearing Officer of the Department of Administration, Division of Administrative Hearings, Respondents. STATE of Florida DEPARTMENT OF ENVIRONMENTAL REGULATION, Petitioner, v. DEPARTMENT OF ADMINISTRATION, DIVISION OF ADMINISTRATIVE HEARINGS, Respondent.

District Court of Appeal of Florida, Second District.

Rehearing Denied February 12, 1992.

Attorney(s) appearing for the Case

John Beranek and John Radey of Aurell, Radey, Hinkle & Thomas, Tallahassee, for Collier Development Corp.

Patricia E. Comer and Cecile I. Ross, Tallahassee, for State of Fla. Dept. of Environmental Regulation.

Robert A. Butterworth, Atty. Gen., Jonathan A. Glogau and Mary E. Greene, Asst. Attys. Gen., Tallahassee, for Veronica Donnelly.

Kenneth G. Oertel and Thomas G. Tomasello of Oertel, Hoffman, Fernandez & Cole, P.A., Tallahassee, for Intervenors City of Naples and the Citizens To Preserve Naples Bay, Inc.

Joseph Z. Fleming of Joseph Z. Fleming, P.A., Miami, for intervenors The Conservancy, Inc. and Florida Audubon Society.

PER CURIAM.

This consolidated proceeding involves the attempts of an applicant to obtain a dredge and fill permit from the two administrative bodies responsible for making the decision.

In this proceeding, the applicant, Collier Development Corporation (CDC), filed a petition for writ of mandamus against the Department of Environmental Regulation (DER), and alternatively, against the hearing officer of the Division of Administrative Hearings (DOAH). DER filed...

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