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SUN HARBOR HOMEOWN. v. NATURAL RESOURCES

No. 96-4146.

700 So.2d 178 (1997)

SUN HARBOR HOMEOWNERS ASSOCIATION, INC., Petitioner, v. BROWARD COUNTY DEPARTMENT OF NATURAL RESOURCE PROTECTION, Respondent.

District Court of Appeal of Florida, Fourth District.

October 15, 1997.

Attorney(s) appearing for the Case

Rick J. Burgess and Osmer D. Batcheller of Gunster, Yoakley, Valdes-Fauli & Stewart, P.A., Fort Lauderdale, for petitioner.

John J. Copelan, Jr., County Attorney, and Anthony C. Musto, Chief Appellate Counsel, and Tamara M. Scrudders, Assistant County Attorney, Fort Lauderdale, for respondent.

FARMER, Judge.

For several years, Broward County has regulated by ordinance the maintenance and cutting of mangroves. In March 1995, it served a notice of violation on petitioner for allegedly trimming the tops of 80 mangrove trees and removing 10 others without a permit from its Department of Natural Resource Protection. That agency scheduled a hearing for April 1995 on the alleged violation, but the hearing was postponed while the parties attempted to settle the...

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