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ENVIRONMENTAL COUNCIL v. ST. JOHNS RIVER

No. 1D13-2669.

136 So.3d 766 (2014)

PUTNAM COUNTY ENVIRONMENTAL COUNCIL, Appellant, v. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, Appellee.

District Court of Appeal of Florida, First District.

April 25, 2014.

Attorney(s) appearing for the Case

John Ross Thomas of the Law Office of John R. Thomas, P.A., St. Petersburg, for Appellant.

Thomas I. Mayton, Jr. and Veronika Thiebach , St. Johns Water Management District, Palatka, for Appellee.

Andrew D. Miller and Warren K. Anderson , The Public Trust Environmental Legal Institute of Florida, Inc., St. Johns Riverkeeper , Florida Audubon Society, Inc., and Florida Defenders of the Environment, Jacksonville Beach, amici on behalf of Appellant.

Edward P. de la Parte and Nicolas Q. Porter of de la Parte & Gilbert, P.A., for Seminole County and Orlando Utilities Commission, Tampa, amici on behalf of Appellee.

CLARK, J.

In this appeal we must determine whether the Secretary of the Florida Land and Water Adjudicatory Commission reversibly erred when the Secretary unilaterally declined Appellant's Request for Review. First, the Secretary erred in making the determination without the full Commission. And second, we find this error not to be harmless. We therefore reverse.

Facts

Putnam County Environmental Council (Appellant) asked the Florida Land...

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