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FRIENDS OF EVERGLADES, INC. v. BD. OF TRUSTEES OF INTERNAL IMPROVEMENT TRUST FUND

No. 91-1100.

595 So.2d 186 (1992)

FRIENDS OF THE EVERGLADES, INC., Appellant, v. BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND and Department of Natural Resources, Appellees.

District Court of Appeal of Florida, First District.

February 25, 1992.

Attorney(s) appearing for the Case

David G. Guest of the Sierra Club Legal Defense Fund, Tallahassee, for appellant.

Kenneth J. Plante, General Counsel, Debra W. Schiro, Asst. General Counsel, Dept. of Natural Resources, Tallahassee, for appellees.

WOLF, Judge.

Friends of the Everglades, Inc. (FOE) appeals a final order of the Governor and Cabinet, sitting as the Board of Trustees of the Internal Improvement Trust Fund (board of trustees) and the Department of Natural Resources (DNR), which dismissed FOE's petition for a hearing pursuant to section 120.57, Florida Statutes. The dismissal was based upon FOE's lack of standing. FOE asserts that (1) appellees waived the standing defense by failing to raise it in...

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