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SAVE OUR CREEKS v. FISH AND WILDLIFE

No. 1D12-764.

112 So.3d 128 (2013)

SAVE OUR CREEKS and Environmental Confederation of Southwest Florida, Appellants, v. STATE OF FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, Appellee.

District Court of Appeal of Florida, First District.

May 9, 2013.

Attorney(s) appearing for the Case

David G. Guest , Joshua Douglas Smith , and Alisa A. Coe , of Earthjustice, Tallahassee, for Appellants.

Mark Henderson , Assistant General Counsel, and Michael A. Yaun , Deputy General Counsel, of Florida Fish and Wildlife Conservation Commission, Tallahassee, for Appellee.

PER CURIAM.

Appellants seek review of the dismissal with prejudice of their petition for an administrative hearing to challenge an alleged decision by the Florida Fish and Wildlife Conservation Commission "to backfill the navigation channel in Cowbone Marsh in Fisheating Creek," which is sovereignty submerged land. We reverse because the order of dismissal is based on matters outside the four corners of the petition. However, because we agree with the Commission's...

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