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MARINER PROP. DEVELOP. v. BD. OF TRUSTEESS OF INTERNAL IMPROVEMENT TRUST FUND

No. 98-3453.

743 So.2d 1121 (1999)

MARINER PROPERTIES DEVELOPMENT, INC., Appellant, v. BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied November 12, 1999.

Attorney(s) appearing for the Case

Kenneth G. Oertel and M. Christopher Bryant, Oertel, Hoffman, Fernandez & Cole, P.A., Tallahassee, for appellant.

F. Perry Odom, Stacey D. Cowley, John W. Costigan and Maureen M. Malvern,

Department of Environmental Protection, Tallahassee, for appellee.

ALLEN, J.

The appellant challenges an administrative order by which the Board of Trustees of the Internal Improvement Trust Fund (the Board) dismissed a petition requesting a variance from and waiver of the provisions of certain administrative rules. We conclude that the Board was entitled to dismiss the petition without an evidentiary hearing, upon the determination that the section 120.542, Florida Statutes, variance and waiver process does not apply to the disputed...

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