KOBLICK v. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION

No. 93-2687.

651 So.2d 230 (1995)

Ian KOBLICK and Tonya Koblick, Appellants, v. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, f/k/a Florida Department of Natural Resources, and Board of Trustees of the Internal Improvement Trust Fund, Appellees.

District Court of Appeal of Florida, First District.

March 1, 1995.


Attorney(s) appearing for the Case

Andrew M. Tobin and James S. Mattson, Mattson & Tobin, Key Largo, for appellants.

Kenneth J. Plante, Gen. Counsel, Suzanne B. Brantley, Asst. Gen. Counsel, Dept. of Environmental Protection, for appellees.


KAHN, Judge.

This appeal involves a dispute over the construction of a private dock on state-owned submerged lands within John Pennekamp Coral Reef State Park. We find that despite the Board of Trustees' adoption of a policy strictly enforcing the "no construction" rule in Pennekamp Park on April 12, 1990, the appellants had a consent of use by rule as of February 3, 1988, when the Department of Environmental Regulation determined the proposed dock was exempt from...

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