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BD. OF TRUST. OF INT. IMPROV. TRUST v. LEVY

No. 94-2764.

656 So.2d 1359 (1995)

BOARD OF TRUSTEES OF the INTERNAL IMPROVEMENT TRUST FUND and Florida Department of Environmental Protection, Appellants, v. Kenneth LEVY, Appellee.

District Court of Appeal of Florida, First District.

June 27, 1995.

Attorney(s) appearing for the Case

L. Kathryn Funchess, Asst. Gen. Counsel, Dept. of Environmental Protection, Tallahassee, for appellant.

Richard A. Lotspeich and John T. Lavia, III of Landers & Parson, Tallahassee, for appellee.

SMITH, Senior Judge.

In this appeal, the Board of Trustees of the Internal Improvement Trust Fund and the Florida Department of Environmental Protection seek reversal of a final order of the Division of Administrative Hearings declaring a rule promulgated by the Trustees to be arbitrary and, thus, void as an unlawful exercise of delegated legislative authority. We find error and reverse.

This rule challenge was filed by Dr. Levy, appellee, in response to the...

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