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REILY ENTERPRISES, LLC v. DEPT. OF ENVIRONMENTAL PROTECTION

No. 4D07-1751.

990 So.2d 1248 (2008)

REILY ENTERPRISES, LLC, Appellant, v. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, Anthony Parkinson, Michael Cilurso and Thomas Fullman, Appellees.

District Court of Appeal of Florida, Fourth District.

September 24, 2008.

Attorney(s) appearing for the Case

Jack J. Aiello and Brian Seymour of Gunster, Yoakley & Stewart, P.A., West Palm Beach, for appellant.

Francine M. Ffolkes, Tallahassee, for appellee Department of Environmental Protection.

Virginia P. Sherlock and Howard K. Heims of Littman, Sherlock & Heims, P.A., Stuart, for appellees Anthony Parkinson, Michael Cilurso and Thomas Fullman.

SHAHOOD, C.J.

Reily Enterprises, LLC ("Reily") appeals the final order of the Florida Department of Environmental Protection ("DEP") denying its application for an environmental resource permit and sovereignty submerged lands authorization. We affirm because the DEP Secretary did not improperly reject the Administrative Law Judge's ("ALJ") findings of fact and did not err in concluding that petitioner Thomas Fullman had standing.

Reily applied to the DEP for...

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