Legal Opinion

Peterson v. State Department of Environmental Regulation

District Court of Appeal of Florida

Decided October 5, 1977No. GG-394PublishedCited by 9 opinions

1Opinion of the Court

ON MOTION TO DISMISS

MILLS, Acting Chief Judge.

The Department of Environmental Regulation (Department) entered an order adverse to Mr. Peterson. He filed a notice of appeal with the Environmental Regulation Commission (Commission) and filed a petition for review with this court. The Department has moved to dismiss the petition filed here because Mr. Peterson has not exhausted the administrative remedy of appeal to the Commission. We agree and grant the motion to dismiss.

Section 403.171, Florida Statutes (1975), enacted in 1967, provides that “Any party aggrieved by any action of the department…

2Cases cited3 opinions

  1. Cable Vision, Inc. v. FreemanDistrict Court of Appeal of Florida · 1975
  2. Wiggins v. StateDistrict Court of Appeal of Florida · 1958
  3. Phillips v. SANTA FE COMM. COLLEGEDistrict Court of Appeal of Florida · 1977

3Cited by9 opinions

  1. ST. v. Falls Chase Spec. Taxing Dist.District Court of Appeal of Florida · 1983
  2. Key Haven Associated Enterprises, Inc. v. Board of Trustees of Internal Improvement Trust FundDistrict Court of Appeal of Florida · 1981
  3. Jordan v. Food Lion, Inc.District Court of Appeal of Florida · 1996
  4. Hamilton County Bd. of Com'rs v. State, Dept. of Env. RegulationDistrict Court of Appeal of Florida · 1991
  5. Friends of Everglades v. State, Dept., Etc.District Court of Appeal of Florida · 1980

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