TUTEN v. STATE OF FLA., DEPT.

No. 4D01-513.

819 So.2d 187 (2002)

Donald G. TUTEN, Appellant, v. STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL PROTECTION, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 24, 2002.


Attorney(s) appearing for the Case

Frederick M. Dahlmeier of Cromwell & Dahlmeier, North Palm Beach, for appellant.

Francine M. Folkes, Senior Assistant General Counsel, Tallahassee, for appellee.


MAY, J.

The struggle between environmental concerns and clerical efficiency (or lack thereof) brings this case before the court. We reverse for issuance of a default permit, allowing the Department of Environmental Protection (DEP) to conduct a hearing to determine reasonable conditions necessary to protect the environment.

On June 13, 2000, a landowner requested verification that his proposed land development conformed to the "No Notice General Permit for...

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