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SEXTON v. BOARD OF TRUSTEES

No. 1D11-5988.

101 So.3d 946 (2012)

John SEXTON, Appellant, v. BOARD OF TRUSTEES OF the INTERNAL IMPROVEMENT TRUST FUND OF the STATE OF FLORIDA and Florida Department of Transportation, Appellees.

District Court of Appeal of Florida, First District.

December 13, 2012.

Attorney(s) appearing for the Case

Jacob D. Varn of Fowler, White, Boggs, P.A., Tallahassee, for Appellant.

Gregory G. Costas , Assistant General Counsel, Department of Transportation, Tallahassee; Ryan S. Osborne , Senior Attorney, and Teresa L. Mussetto , Chief Appellate Counsel, Department of Environmental Protection, Tallahassee.

PER CURIAM.

AFFIRMED.

DAVIS and LEWIS, JJ., concur; MAKAR, J., specially concurring.

MAKAR, J., specially concurring.

In this administrative appeal, John Sexton, the owner of property abutting a proposed public easement over sovereignty submerged lands, challenges the dismissal with prejudice of his petition for an administrative hearing by the Board of Trustees of the Internal Improvement Trust Fund (the Board). Sexton argues that his petition...

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