Legal Opinion

Manasota-88, Inc. v. Agrico Chemical Co.

District Court of Appeal of Florida

Decided February 27, 1991No. 90-00842PublishedCited by 6 opinions

1Opinion of the Court

HALL, Judge.

In this appeal, Manasota-88, Inc. asks this court to reverse a decision of the Department of Environmental Regulation based upon factual issues and its claim of denial of its due process rights.

Agrico Chemical Corporation filed a permit application with the Department of Environmental Regulation (DER) to mine for phosphate within state wetlands. The DER failed to take action on the application within the ninety-day period prescribed by section 120.60(2), Florida Statutes (1989). Thereafter, the DER issued the permit by default, with conditions to be imposed later to ensure proper…

2Cases cited2 opinions

  1. Manasota-88, Inc. v. DEPT. OF ENVTL. REG.District Court of Appeal of Florida · 1983
  2. Manasota 88, Inc. v. TremorDistrict Court of Appeal of Florida · 1989

3Cited by6 opinions

  1. Krakow v. DEPT. OF PRO. REGULATIONDistrict Court of Appeal of Florida · 1991
  2. Tuten v. State, Department of Environmental ProtectionDistrict Court of Appeal of Florida · 2002
  3. Collier Dev. Corp. v. STATE DEPT. OF ENV. REG.District Court of Appeal of Florida · 1991
  4. PANDA ENERGY INTERN. v. JacobsSupreme Court of Florida · 2002
  5. Tuten v. STATE DEPDistrict Court of Appeal of Florida · 2005

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