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A. DUDA AND SONS v. ST. JOHNS RIVER WATER

No. 5D08-1700.

17 So.3d 738 (2009)

A. DUDA AND SONS, INC., Appellant, v. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, Appellee.

District Court of Appeal of Florida, Fifth District.

July 17, 2009.

Attorney(s) appearing for the Case

Kenneth G. Oertel and M. Christopher Bryant, of Oertel, Fernandez, Cole & Bryant, P.A., Tallahassee, for Appellant.

William H. Congdon, Deputy General Counsel, and Timothy A. Smith, Senior Assistant General Counsel, Palatka, for Appellee.

Diane D. Tremor, P.A., and Chris H. Bentley, P.A., of Rose, Sundstrom & Bentley, LLP, Tallahassee, for Florida Fruit and Vegetable Association, Florida Farm Bureau Federation, and Florida Chamber of Commerce, as Amici Curiae for Appellant.

Betsy Hewitt, Florida Department of Environmental Protection, Tallahassee, and Douglas H. MacLaughlin, South Florida Water Management District, West Palm Beach, as Amici Curiae for Appellee.

ON MOTION FOR REHEARING

EVANDER, J.

We grant the motion for rehearing and withdraw our opinion of May 15, 2009, and substitute therefore the amended opinion issued herein.

A. Duda and Sons, Inc. ("Duda") appeals from a final order of an administrative law judge (ALJ) of the Division of Administrative Hearings denying Duda's challenges to certain adopted rules, statutory interpretations, and policies of the St. Johns River Water Management...

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