Legal Opinion

Wallace Corp. v. City of Miami Beach

District Court of Appeal of Florida

Decided September 11, 2001No. 1D99-3121PublishedCited by 2 opinions

1Opinion of the CourtVan Nortwick, J.

Wallace Corporation appeals a final order of the Florida Department of Environmental Protection (DEP) granting appellee City of Miami Beach a permit to construct a beachwalk seaward of the coastal construction control line (CCCL). We affirm all issues raised on appeal. We write to address appellant’s argument that the record lacks competent substantial evidence to support a finding that the beachwalk project is a “structure required for the prevention of erosion” under section 161.201, Florida Statutes (1997).

Factual and Procedural Background

Wallace owns the Richmond, an upscale oceanfront…

2Cases cited5 opinions

  1. Heifetz v. Dept. of Business RegulationDistrict Court of Appeal of Florida · 1985
  2. LEAF v. ClarkSupreme Court of Florida · 1996
  3. Island Harbor v. Dept. of Natural ResourcesDistrict Court of Appeal of Florida · 1986
  4. Caldwell v. Halifax Convalescent CenterDistrict Court of Appeal of Florida · 1990
  5. St. Joseph Land & Development Co. v. Florida Department of Natural ResourcesDistrict Court of Appeal of Florida · 1992

3Cited by2 opinions

  1. Adventist Hlth. v. Fl. Birth-Related InjuryDistrict Court of Appeal of Florida · 2004
  2. Southern Baptist Hospital of Florida, Inc. v. Johnston ex rel. JohnstonDistrict Court of Appeal of Florida · 2013

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