SAKELSON v. DEPT. OF ENVIRONMENTAL PROTECTION

Nos. 2D99-2832, 2D99-2833.

790 So.2d 1206 (2001)

William J. SAKELSON and Paradise of Port Richey, Inc., Appellants, v. DEPARTMENT OF ENVIRONMENTAL PROTECTION, Appellee.

District Court of Appeal of Florida, Second District.

August 3, 2001.


Attorney(s) appearing for the Case

Jerry S. Theophilopoulos of Larry Crow, P.A., Tarpon Springs, for Appellants.

Teri Donaldson, General Counsel, and David K. Thulman, Assistant General Counsel, Department of Environmental Protection, Tallahassee, for Appellee.


ALTENBERND, Acting Chief Judge.

William Sakelson and Paradise of Port Richey appeal from two orders of the Department of Environmental Protection (the Department) dismissing Mr. Sakelson's two petitions for administrative hearings. The Department dismissed these petitions without a hearing, finding that Mr. Sakelson lacked standing to request them. Because Mr. Sakelson's standing depends upon a disputed issue of fact, we reverse the orders and remand the case to the...

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