THE DISTRICT v. MOLICA

No. 5D09-2460.

83 So.3d 765 (2011)

ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, Appellant, v. Frank H. MOLICA and Linda M. Molica, Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied September 23, 2011.


Attorney(s) appearing for the Case

William H. Congdon , Palatka, for Appellant.

Bill J. McCabe , Longwood, and Benjamin Y. Saxon, II , Melbourne, for Appellees.


GRIFFIN, J.

St. Johns River Water Management District ["the District"] appeals a final declaratory judgment in which the trial court decreed that the District lacked authority to take administrative action against Frank H. Molica and Linda M. Molica ["the Molicas"] for the clearing, dredging and filling of wetlands on approximately three and one-half acres of their land, which they use for agriculture. Although the legislative scheme is about as clear as ditch water...

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