POPE v. GRACE

No. 1D13-258.

151 So.3d 523 (2014)

Amanda POPE and Anastasia, Inc., Appellant, v. Daniel and Donna GRACE, Joseph And Linda Noftell, Paul And Debra Linger, Ann Pastore, Thompson And Dana FilLmer, Joseph And Dottie Scruggs, Stephen Frey, Lindsey BraNlitt And JaCqueline Porter, Trustees Of The Land Trust Dated May 1, 2005, And Department Of Environmental Protection, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied December 15, 2014.


Attorney(s) appearing for the Case

Thomas J. Morton and Timothy J. Perry of Oertel, Fernandez, Bryant & Atkinson, P.A., Tallahassee, for Appellant.

Matthew Z. Leopold , General Counsel, Brynna J. Ross and Sidney C. Bigham, III , Senior Assistant General Counsel, Florida Department of Environmental Protection, Tallahassee, for Appellee.


Repairs to the foundation of a dune walkover structure triggered this legal dispute, one in which two beachfront residential property owners, Amanda Pope and Anastasia, Inc., contest a final order of the Secretary of the Department of Environmental Protection (DEP), which held that a permit for the repairs was unnecessary. At issue is...

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