Duke's Steakhouse Ft. Myers, Inc. v. G5 Properties, LLC

LaROSE, Judge.

Duke’s Steakhouse Fort Myers, Inc., appeals the South Florida Water Management District’s (SFWMD) final “order approving an Environmental Resource Permit (ERP) for G5 Properties, LLC. Duke’s argues that SFWMD erroneously approved the permit after an administrative law judge recommended denial. SFWMD properly construed the Florida Administrative Code to allow issuance of a permit where the proposed project results in a “net improvement” to water quality. We affirm.

G5 acquired two adjacent parcels of property — a north parcel and a south parcel — just north of Duke’s’ property. G5…