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BOARD OF COMM'RS v. ROYAL PELICAN DEV., INC.

Nos. 92-00667, 92-00696.

614 So.2d 1164 (1993)

BOARD OF COMMISSIONERS FOR LEE COUNTY, Florida, John E. Manning, Douglas St. Cerny, Ray Judah, Vicki Lopez-Wolfe, and Donald Slisher, as County Commissioners; and Robert Stewart, as Director of the Lee County Department of Codes and Building Services; and Department of Community Affairs, State of Florida, Appellants, v. ROYAL PELICAN DEVELOPMENT, INC., Casa Marina Development, Inc., and Stardial Investments Co., Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied March 23, 1993.

Attorney(s) appearing for the Case

G. Steven Pfeiffer, General Counsel, Katherine Castor, Sherry A. Spiers, and David L. Jordan, Asst. Gen. Counsels, Dept. of Community Affairs, Tallahassee, for appellant Dept. of Community Affairs.

James G. Yaeger, Lee County Atty., and John S. Turner, Asst. County Atty., Fort Myers, for appellants Lee County.

Mark A. Ebelini of Humphrey & Knott, P.A., Fort Myers, for appellees.

FRANK, Judge.

The Florida Department of Community Affairs and the Lee County Board of Commissioners attack a final summary judgment divesting the Department of jurisdiction to review proposed wetslip construction at a residential waterfront community known as Bay Beach, and the issuance of a peremptory writ of mandamus requiring the County to issue building permits for the construction. Royal Pelican Development, Casa Marina Development, and Stardial Investments,...

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