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D'ALTO v. STATE DEPT. OF ENVIRONMENTAL PROTECTION

No. 1D02-4579.

860 So.2d 1003 (2003)

Paul D'ALTO, Trustee, Appellant, v. STATE of Florida DEPARTMENT OF ENVIRONMENTAL PROTECTION, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied December 11, 2003.

Attorney(s) appearing for the Case

Robert D. Fingar, Esquire of Huey, Guilday, Tucker, Schwartz & Williams, P.A., Tallahassee, for Appellant.

Teri L. Donaldson, General Counsel; Martha Nebelsiek Hertzberg, Assistant General Counsel, Tallahassee, for Appellee.

BENTON, J.

A landowner appeals the final agency order denying his application to participate in the Petroleum Cleanup Participation Program (PCPP). See § 376.3071(13), Fla. Stat. (2002). We have jurisdiction. See Art. V, § 4(b)(2), Fla. Const.; § 120.68(1), Fla. Stat. (2002). After an informal hearing, the Department of Environmental Protection (DEP) denied the application on the ground that...

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