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STATE, DEPT. OF ENVTL. REG. v. MONROE CTY.

No. 92-1012.

610 So.2d 697 (1992)

STATE of Florida DEPARTMENT OF ENVIRONMENTAL REGULATION, Appellant, v. MONROE COUNTY, Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 2, 1993.

Attorney(s) appearing for the Case

Jack Chisolm, Asst. Gen. Counsel, Tallahassee, for appellant.

Randy Ludacer, County Atty., and Suzanne A. Hutton, Asst. County Atty., Key West, for appellee.

Before SCHWARTZ, C.J., and BARKDULL and LEVY, JJ.

LEVY, Judge.

This case involves the issue of whether the Department of Environmental Regulation, [hereafter "DER"], has regulatory jurisdiction over Monroe County's cutting of mangroves at the Key West International Airport. Monroe County [hereafter "the County"] operates the Key West International Airport which is bordered on the north and west by mangrove wetlands. Prior to 1989, the County had trimmed the mangroves in...

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