TOWN OF PALM BEACH v. STATE, DEPT. OF NAT'L RES.

Nos. 89-2691, 89-2747.

577 So.2d 1383 (1991)

TOWN OF PALM BEACH, Dave E. Darwin, and Sierra Club, Appellants, v. STATE of Florida DEPARTMENT OF NATURAL RESOURCES and 2000 Condominium Association, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

April 10, 1991.


Attorney(s) appearing for the Case

John C. Randolph and J.A. Jurgens of Jones, Foster, Johnston & Stubbs, P.A., West Palm Beach, for appellant-Town of Palm Beach.

Terrell K. Arline of Terrell K. Arline, P.A., Palm Beach Gardens, for appellants-Dave E. Darwin and Sierra Club.

Kenneth J. Plante, General Counsel, and Dana M. Wiehle, Asst. Gen. Counsel, Tallahassee, for appellee-State of Fla., Dept. of Natural Resources.

Daniel S. Rosenbaum and Steven R. Hicks of Becker, Poliakoff & Streitfeld, P.A., West Palm Beach, for appellee-2000 Condominium Ass'n, Inc.


WARNER, Judge.

This is an appeal from a final order of the Department of Natural Resources denying an administrative hearing to appellants, the Town of Palm Beach, Dave E. Darwin and the Sierra Club, on their petitions challenging the Department's determination that it lacked jurisdiction to issue a permit for certain dune landscaping activities eastward of the coastal construction control line. We reverse.

In 1988 the Department issued a permit to 2000 Condominium...

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