Plus v. Residents of Key Largo Ocean Shores

SCHWARTZ, Chief Judge.

In recommending the issuance of a permit sought by the appellant Dolphins Plus, the hearing officer also found that the protestors, the present appellees, had “participated in this proceeding for a frivolous purpose” and therefore recommended the assessment of reasonable attorney’s fees and costs against them under section 120.-59, Florida Statutes (1991). On review, although the appellees did not provide a transcript of the proceedings below, the Department of Environmental Regulation reversed this determination.1 On the authority of the virtually identical case of…