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DEPT. OF ENVIRONMENTAL PROTECTION v. BURGESS

No. 95-73.

667 So.2d 267 (1995)

STATE of Florida, DEPARTMENT OF ENVIRONMENTAL PROTECTION, Appellant, v. Foster F. BURGESS, Appellee.

District Court of Appeal of Florida, First District.

September 5, 1995.

Attorney(s) appearing for the Case

Jack Chisolm, Assistant General Counsel, Department of Environmental Protection, Tallahassee, for appellant.

Jeffrey Brown and Michael D. Jones, Winter Springs, for appellee.

VAN NORTWICK, Judge.

The Department of Environmental Protection (DEP) appeals an order granting appellee, Foster F. Burgess, a partial summary judgment and ruling that the DEP's denial of a dredge and fill permit for the construction of a dock and camping shelter on Burgess's land in Walton County, Florida, deprived Burgess of all viable economic uses for his land and, as a result, effected a "taking" of Burgess's property without just compensation. Because genuine...

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