Legal Opinion
Alachua County v. Lewis Oil Co.
District Court of Appeal of Florida
Decided December 29, 1989No. 88-280Published
1Opinion of the Court
NIMMONS, Judge.
Alachua County appeals from a final judgment permanently enjoining the County from enforcing a moratorium on the construction of underground petroleum storage tanks. We affirm.
Pursuant to Sections 376.30-376.317, Florida Statutes (Supp.1986), the state has preempted the field of regulation of underground petroleum storage tanks. A county •wishing to impose standards more extensive or stringent than those imposed under state law or rules must obtain the approval of the Department of Environmental Regulation (DER).1 Appellant enacted an ordinance imposing stricter standards upon…
2Cases cited8 opinions
- JORDAN CHAPEL FREEWILL BAPTIST CH. v. Dade CountyDistrict Court of Appeal of Florida · 1976
- Eckl v. DavisCalifornia Court of Appeal · 1975
- Fountain v. City of JacksonvilleDistrict Court of Appeal of Florida · 1984
- Music Plus Four, Inc. v. BarnetCalifornia Court of Appeal · 1980
- Lewis Oil Co., Inc. v. Alachua CountyDistrict Court of Appeal of Florida · 1986
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