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DUKE'S STEAKHOUSE FT. MYERS v. G5 PROPS.

No. 2D11-4467.

106 So.3d 12 (2013)

DUKE'S STEAKHOUSE FT. MYERS, INC., Appellant, v. G5 PROPERTIES, LLC, and South Florida Water Management District, Appellees.

District Court of Appeal of Florida, Second District.

January 18, 2013.

Attorney(s) appearing for the Case

Joshua A. Harrow of Michael A. Linsky, P.A., Tampa, for Appellant.

Matthew D. Uhle of Law Office of Matthew D. Uhle, LLC, Fort Myers, for Appellee G5 Properties, LLC.

Douglas H. MacLaughlin , West Palm Beach, for Appellee South Florida Water Management District.

LaROSE, Judge.

Duke's Steakhouse Fort Myers, Inc., appeals the South Florida Water Management District's (SFWMD) final order approving an Environmental Resource Permit (ERP) for G5 Properties, LLC. Duke's argues that SFWMD erroneously approved the permit after an administrative law judge recommended denial. SFWMD properly construed the Florida Administrative Code to allow issuance of a permit where the proposed project results in a "net improvement" to water quality...

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