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STATE, BD. OF TRUSTEES v. LOST TREE VILL.

Nos. 91-1813, 91-1865.

600 So.2d 1240 (1992)

STATE of Florida, BOARD OF TRUSTEES OF the INTERNAL IMPROVEMENT TRUST FUND and Florida Audubon Society, Appellants, v. LOST TREE VILLAGE CORPORATION; Idlewyld Corporation, Inc.; Keewaydin Club Colony Joint Venture, John D. Remington & Bolton S. Drackett, Co-Trustees; Theodore Watrous, Thomas Munz, Warren Noden, Mariner Properties, Inc., and Roger Broderick, Appellees.

District Court of Appeal of Florida, First District.

June 11, 1992.

Attorney(s) appearing for the Case

Kenneth J. Plante, Gen. Counsel, Debra W. Schiro, Kelly Brewton, Lanette M. Price, and John W. Costigan, Asst. Gen. Counsels, Dept. of Natural Resources, Tallahassee, for appellants Board of Trustees of Internal Imp. Trust Fund.

Joseph Z. Fleming, Miami, for appellant Florida Audubon Soc.

Robert A. Routa, Tallahassee, for appellee Lost Tree Village Corporation.

Anne Longman and Steve Lewis, of Messer, Vickers, Caparello, Madsen, Lewis, Goldman & Metz, Tallahassee, for appellees Idlewyld Corporation, Inc. and Keewaydin Club Colony Joint Venture.

M. Christopher Bryant, of Oertel, Hoffman, Fernandez & Cole, Tallahassee, for appellees Thomas Munz, Theodore Watrous, Warren Noden, Mariner Properties, Inc., and Roger Broderick.

SHIVERS, Judge.

Appellants seek reversal of a final order of the Division of Administrative Hearings (DOAH) finding a moratorium adopted by the Board of Trustees of the Internal Improvement Fund (Board) is an invalid rule constituting an invalid exercise of delegated legislative authority, due to the failure of the Board to materially follow applicable rulemaking procedures required by section 120.54, Florida Statutes (1989), a section of the Florida Administrative...

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