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ST. JOHNS RIVER WATER MANAG. DIST. v. MODERN, INC.

Nos. 1D99-2651, 1D00-522.

784 So.2d 464 (2001)

ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, Appellant, v. MODERN, INC., and First Omni Service Corp, Appellees. Modern, Inc., and First Omni Service Corp., Appellants, v. St. Johns River Water Management District, Appellee.

District Court of Appeal of Florida, First District.

March 8, 2001.

Attorney(s) appearing for the Case

William H. Congdon, Mary Jane Angelo, and Stanley J. Niego, Palatka, for Appellant in No. 1D99-2651 and Appellee in No. 1D00-522.

Allan P. Whitehead, of Frese, Nash & Hansen, P.A., Melbourne, for Appellees in No. 1D99-2651 and Appellants in No. 1D00-522.

BARFIELD, C.J.

We AFFIRM in all respects the final order of the St. Johns River Water Management District (the District) challenged in case number 1D00-522. In case number 1D99-2651, we AFFIRM the determination in the Division of Administrative Hearing's final order that the District's memorandum dated November 20, 1989, is an unpromulgated rule, but we REVERSE the order's determinations that the District did not meet the "good faith" requirement of section 120.54...

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