VILLAGE OF KEY BISCAYNE v. DEP

No. 3D15-2824.

206 So.3d 788 (2016)

VILLAGE OF KEY BISCAYNE, etc., Appellant, v. The DEPARTMENT OF ENVIRONMENTAL PROTECTION, et al., Appellees.

District Court of Appeal of Florida, Third District.

November 9, 2016.


Attorney(s) appearing for the Case

Shubin & Bass and John K. Shubin and Ian E. DeMello , for appellant.

Frederick L. Aschauer, Jr. , General Counsel, and Jeffrey Brown , Deputy General Counsel, and Francine M. Ffolkes , Administrative Law Counsel, Tallahassee, for Department of Environmental Protection; Greenberg Traurig, P.A., and Elliot H. Scherker , Alan T. Dimond , Kerri L. Barsh , Brigid F. Cech Samole and Timothy A. Kolaya , for National Marine Manufacturers Association; Victoria Méndez , City Attorney, and John A. Greco , Deputy City Attorney, for the City of Miami, for appellees.

Before SUAREZ, C.J., and SHEPHERD and SCALES, JJ.


This is an appeal from a final order of the Florida Department of Environmental Protection (DEP), dismissing a Petition for Administrative Hearing filed by the Village of Key Biscayne in which the Village sought to challenge DEP's issuance of a five-year environmental resource permit1 authorizing installation...

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