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DEPT. OF ENVIRON. PROTECTION v. GIBBINS

No. 96-531.

696 So.2d 888 (1997)

DEPARTMENT OF ENVIRONMENTAL PROTECTION, etc., et al., Appellant, v. Frank GIBBINS, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied July 18, 1997.

Attorney(s) appearing for the Case

Steven A. Medina, Assistant General Counsel, Tallahassee, for Appellant Department of Environmental Protection.

Thomas M. Burke and Chris N. Kolos of Cabaniss & Burke, P.A., Orlando, for Appellant Kerr-McGee Refining Corporation.

Peter B. Heebner of Heebner, Baggett and Prechtl, P.A., Daytona Beach, for Appellee.

THOMPSON, Judge.

The Florida Department of Environmental Protection ("DEP") appeals an order awarding attorney's fees and costs to Frank Gibbins pursuant to chapter 73. The issue on appeal is whether DEP's actions in seeking access to Gibbins' property to investigate and remediate petroleum contamination, as mandated by section 376.30(4), constituted a taking. Because we hold that no direct or inverse condemnation occurred, we reverse the award of attorney's fees...

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