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CALIENTE PARTNERSHIP v. JOHNSTON

No. 92-02475.

604 So.2d 886 (1992)

The CALIENTE PARTNERSHIP, a Florida general partnership, Petitioner, v. J. Lawrence JOHNSTON, Hearing Officer, Florida Division of Administrative Hearings, and the Florida Department of Community Affairs, Respondents.

District Court of Appeal of Florida, Second District.

Rehearing Denied September 23, 1992.

Attorney(s) appearing for the Case

Madeline Ebelini of Humphrey & Knott, P.A., Fort Myers, for petitioner.

Karen Brodeen, Katherine Castor and David J. Russ, Asst. Gen. Counsels, Tallahassee, for respondents.

PER CURIAM.

This proceeding stems from an amendment to the Charlotte County comprehensive plan, enacted to accommodate a proposed Development of Regional Impact (DRI) called "Caliente Springs." The developer, Caliente Partnership, seeks a writ of prohibition based on its belief that the Department of Community Affairs (DCA) is barred by statute from contesting the amendment.1 We have jurisdiction. See State of Florida, Department of...

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