Berkley v. State Department of Environmental Regulation

RAWLS, Acting Chief Judge.

Petitioner Berkley challenges an order entered by respondent, Department of Environmental Regulation (department) denying his application for a permit to construct a seawall and fill his privately owned lands.

The following two points posed by petitioner viz:

The department erroneously denied Berk-ley’s application on the ground that it did not comply with the requirements of Section 258.165, Florida Statutes, the Biscayne Bay Aquatic Preserve Act. and

Berkley established by the overwhelming weight of the evidence that his proposed filling is necessary to enhance the…