STATE, DEPT. ENVITONMENTAL PROTECTION v. BURGESS

No. 1D99-1764.

772 So.2d 540 (2000)

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

District Court of Appeal of Florida, First District.

July 6, 2000.


Attorney(s) appearing for the Case

Charles T. "Chip" Collette, Senior Assistant General Counsel and L. Kathryn Funchess, Assistant General Counsel, Department of Environmental Protection, Tallahassee, for Appellant.

Michael L. Rosen, of Florida Legal Foundation, Inc., Tallahassee; and Michael D. Jones, of Leffler & Associates, Winter Springs, for Appellee.


PER CURIAM.

The state Department of Environmental Protection (DEP or Department) appeals from a non-final order in an inverse condemnation action determining that the Department's denial of a dredge and fill permit constituted an unconstitutional taking of appellee's land. We reverse.

In 1956 appellee Burgess acquired approximately 160 acres of undeveloped wetlands on the Choctawhatchee River by tax deed for $500. Appellee took no action to develop the land...

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