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KEY BISCAYNE COUNCIL v. STATE, DNR

No. 90-1679.

579 So.2d 293 (1991)

KEY BISCAYNE COUNCIL, Appellant, v. STATE of Florida, Department of Natural Resources, and Biscayne Beach Hotel Associates, Ltd./Key Biscayne Limited Partnership, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 11, 1991.

Attorney(s) appearing for the Case

Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A., and Thomasina H. Williams, Miami, for appellant.

Dana M. Wiehle, Tallahassee, for appellee Dept. of Natural Resources.

Huey, Guilday, Kuersteiner & Tucker, P.A., and William E. Williams and Robert D. Fingar, Tallahassee, and H. Ray Allen, Key West, for appellee Biscayne Beach Hotel Associates, Ltd./Key Biscayne Ltd. Partnership.

Milledge & Held, and Gary M. Held, Miami, for Key Biscayne Property Taxpayers' Ass'n, Inc., as amicus curiae.

Before SCHWARTZ, C.J., and JORGENSON and GODERICH, JJ.

JORGENSON, Judge.

The Key Biscayne Council appeals from an order of the Department of Natural Resources (DNR). The order granted the application of Biscayne Beach Hotel Associates, Ltd./Key Biscayne Limited Partnership (the Hotel) for a coastal construction control line permit to build an addition to the Sonesta Beach Hotel on Key Biscayne. For the following reasons, we reverse and remand.

Pursuant to section 161.053(1)(a), Florida Statutes (1987), the Florida...

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