Thomson v. State, Department of Environmental Regulation

WENTWORTH, Judge.

Appellants seek review of an administrative order by which the Department of Environmental Regulation (DER) denied an application for a construction permit. Finding the doctrine of administrative res judicata to be applicable, DER determined that there were no disputed issues of material fact and declined to provide appellants with a formal section 120.57(1), Florida Statutes, hearing. We conclude that DER did not err in this regard, and we affirm the order appealed.

Appellants applied to DER for a permit to construct a 36 foot octagonal platform, and a 92 foot walkway,…