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HASSELBACK v. DEPT. OF ENVTL. PROTECTION

No. 1D10-1850.

54 So.3d 637 (2011)

James HASSELBACK, Appellant, v. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, Daniel G. Wentz, and Doris Wentz, Appellees.

District Court of Appeal of Florida, First District.

February 28, 2011.

Attorney(s) appearing for the Case

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

Greg Munson , General Counsel; Kelly Russell , Senior Assistant General Counsel; and David K. Thulman , Tallahassee, for Appellee Florida Department of Environmental Protection.

Thomas G. Tomasello of Thomas G. Tomasello, P.A.; M. Drew Parker and Scott Shirley of Ard, Shirley & Rudolph, P.A., Tallahassee, for Appellees Daniel G. and Doris Wentz.

ROBERTS, J.

This is an appeal of a final order of the Department of Environmental Protection (DEP). In that order, DEP dismissed as untimely a petition filed by property owner James Hasselback challenging DEP's issuance of a coastal construction control line permit on an adjacent property. DEP provided written notice of the issuance of the permit to Rick Barnett, another adjacent property owner, and the Oertel Law Firm, which had previously requested notice of any...

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