Legal Opinion · Concurring in part, dissenting in part

Alliance for Conservation of Natural Resources in Pinellas County v. Furen

District Court of Appeal of Florida

Decided February 25, 1959No. 547Published

1Concurring in part, dissenting in part

PARKS, L. L., Associate Judge

(concurring in part and dissenting in part).

I agree with that part of the opinion holding that the Circuit Judge erred in concluding, as a matter of law, that the deed from the Trustees of the Internal Improvement Fund established a “public policy” which, as to the land involved, limited the field of operation of Chapter 31182, Laws of Florida 1955, enacted subsequent to the conveyance by the Trustees, to “reasonable regulatory powers concerning details of this fill, rather than the discretionary power to permit or prohibit the fill itself.” It has always been my…

2Cases cited18 opinions

  1. Brickell v. TrammelSupreme Court of Florida · 1919
  2. Benoit v. BenoitSupreme Court of Louisiana · 1909
  3. State ex rel. Ellis v. GerbingSupreme Court of Florida · 1908
  4. Broward v. MabrySupreme Court of Florida · 1909
  5. Basnet v. City of JacksonvilleSupreme Court of Florida · 1882

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