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BOARD OF TRUSTEES v. SUPPORT TERMINALS OPERATING PARTNERSHIP

No. 1D00-3268.

776 So.2d 337 (2001)

BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE of Florida, Appellant, v. SUPPORT TERMINALS OPERATING PARTNERSHIP, L.P.; Commodores Point Terminal Corporation; Anderson Columbia Company, Inc.; Panhandle Land & Timber Company, Inc.; Olan B. Ward, Sr.; Martha P. Ward; Anthony Taranto; Antoinette Taranto; J.V. Gander Distributors, Inc., J.V. Gander, Jr., and Three Rivers Properties, Inc., Appellees.

District Court of Appeal of Florida, First District.

January 22, 2001.

Attorney(s) appearing for the Case

John W. Costigan, Deputy General Counsel, Suzanne B. Brantley, Assistant General Counsel, and Maureen M. Malvern, Assistant General Counsel, Department of Environmental Protection, Tallahassee.

Daniel D. Richardson of Leboeuf, Lamb, Greene & Macrae, Jacksonville, for appellee Support Terminals Operating Partnership, L.P.

Thomas M. Shuler, Apalachicola, for appellees Ward, Taranto, J.V. Gander Distributors, Inc., J.V. Gander, Jr., and Three Rivers Properties, Inc.

Kenneth G. Oertel and Timothy P. Atkinson of Oertel, Hoffman, Fernandez & Cole, Tallahassee, for appellees Anderson Columbia Company, Inc., and Panhandle Land & Timber Company, Inc.

ORDER ON APPELLEES' MOTION TO DISMISS

PER CURIAM.

When appellees challenged a rule the appellant agency proposed to adopt, an Administrative Law Judge ("ALJ") invalidated one portion of the proposed rule, but declared its remaining provisions valid. On appeal, we affirmed in part and reversed in part, concluding that all of the proposed rule was an invalid exercise of delegated legislative authority. See Anderson Columbia Company, Inc. v. Board...

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