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NORTH PORT, FLA. v. CONSOL. MINERALS

No. 93-02355.

645 So.2d 485 (1994)

CITY OF NORTH PORT, FLORIDA; Alan R. Behrens; Charlotte County, Florida; and Environmental Confederation of Southwest Florida, Appellants, v. CONSOLIDATED MINERALS, INC., Appellee, and Southwest Florida Water Management District, Appellee.

District Court of Appeal of Florida, Second District.

September 23, 1994.

Attorney(s) appearing for the Case

David M. Levin of Icard, Merrill, Cullis, Timm, Furen & Ginsburg, Sarasota, for appellant City of North Port.

David G. Guest and Laura J. Ericson-Siegel of Sierra Club Legal Defense Fund, Tallahassee, for appellant Environmental Confederation of Southwest Florida.

Roger W. Sims and Rory C. Ryan of Holland & Knight, Orlando, for appellee Consolidated Minerals, Inc.

Richard Tschantz, Senior Supervising Atty. and Vivian Arenas, Asst. Gen. Counsel of Southwest Florida Water Management Dist., Tallahassee, for appellee Southwest Florida Water Management Dist.

THREADGILL, Judge.

Appellants challenge a final order of the Southwest Florida Water Management District (SWFWMD) which closed a file on an application for a water use permit when Consolidated Minerals, Inc. filed a notice that it was withdrawing the application. We reverse.

Consolidated applied to SWFWMD for a revised individual water use permit in 1991. SWFWMD issued a notice of intent to issue the permit and prepared...

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