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STATE v. LEAVINS

Nos. 90-2177, 90-2359, 90-2364.

599 So.2d 1326 (1992)

STATE of Florida; Florida Department of Natural Resources; and Florida Department of Revenue, Appellants, v. H.G. LEAVINS, Jr., and Alice C. Leavins; Donnie Wilson; James T. McNeill; and Olan B. Ward, Appellees.

District Court of Appeal of Florida, First District.

May 11, 1992.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Joseph C. Mellichamp, III, Sr. Asst. Atty. Gen., Eric J. Taylor and Joseph Lewis, Jr., Asst. Attys. Gen., for appellant Dept. of Revenue.

Kenneth J. Plante, Gen. Counsel, C. Lynne Chapman, Asst. Gen. Counsel, Kelly Brewton, Asst. Gen. Counsel, Dept. of Natural Resources, for appellant Dept. of Natural Resources.

Frank J. Santry and George G. Rasky of Granger, Santry, Mitchell & Heath, Tallahassee, for appellees.

KAHN, Judge.

Appellants, in these three consolidated cases, challenge an order of the trial court which finds unconstitutional Chapter 89-432 and Chapter 89-175, Laws of Florida.

Appellees are holders of perpetual oyster harvesting leases pertaining to submerged lands in the Apalachicola Bay area. The leases provide that they are subject to the terms, conditions, reservations and restrictions in either Chapter 16178, Acts of 1933, Laws of Florida, or section...

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