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LaBELLE v. BIO-MED SERVICES, INC.

No. 91-00626.

598 So.2d 207 (1992)

City of LaBELLE, Appellant, v. BIO-MED SERVICES, INC. and Department of Environmental Regulation, Appellees.

District Court of Appeal of Florida, Second District.

May 6, 1992.

Attorney(s) appearing for the Case

James D. Sloan of Elver & Sloan, LaBelle, for appellant.

Cecile I. Ross, Asst. Gen. Counsel, Tallahassee, for appellee Dept. of Environmental Regulation.

Mary F. Smallwood of Ruden, Barnett, McClosky, Smith, Schuster & Russell, P.A., Tallahassee, for appellee Bio-Med Services, Inc.

LEHAN, Acting Chief Judge.

We affirm the dismissal by the Department of Environmental Regulation (DER) of the petition of the City of LaBelle for an administrative hearing to contest the application of Bio-Med Services, Inc. for a permit to construct a biological waste incinerator facility. The dismissal was based on the City's failure timely to file its petition. Florida Administrative Code Rule 17-103.155 provides that such a petition "must be filed" within fourteen...

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