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ST. JOHNS RIVER WATER MANAGEMENT DIST. v. ZELLWOOD DRAINAGE & WATER CONT.

No. 95-3223.

677 So.2d 342 (1996)

ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, Appellant, v. ZELLWOOD DRAINAGE AND WATER CONTROL DISTRICT, Appellee.

District Court of Appeal of Florida, First District.

June 27, 1996.

Attorney(s) appearing for the Case

Wayne E. Flowers and Eric T. Olsen, Palatka, for Appellant.

Steve Lewis and John W. Forehand of Lewis, Longman & Walker, P.A., Tallahassee, for Appellee.

John J. Fumero and Keith W. Rizzardi, West Palm Beach, for Intervenor/Amicus Curiae South Florida Water Management District.

Michael L. Rosen, Tallahassee, for Amicus Curiae Florida Legal Foundation, Inc.

Kenneth F. Hoffman and M. Christopher Bryant, of Oertel, Hoffman, Fernandez & Cole, Tallahassee, for Amicus Curiae Florida Fruit & Vegetable Association.

Douglas H. MacLaughlin, Assistant General Counsel, Tallahassee, for Amicus Curiae Department of Environmental Protection.

BARFIELD, Chief Judge.

In this appeal from an order of the Division of Administrative Hearings, St. Johns River Water Management District challenges the decision of the hearing officer that invalidated its proposed rule to quantify discharge limitations for phosphorus for Lake Apopka. Because we hold that the hearing officer correctly determined that appellant did not have the statutory authority to set water quality standards as proposed by the rule in reliance on...

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