ADEC, Inc. v. Department of Natural Resources

District Court of Appeal of Florida

ADEC, Inc. v. Department of Natural Resources

507 So. 2d 1225, 12 Fla. L. Weekly 1404, 1987 Fla. App. LEXIS 8575

CourtDistrict Court of Appeal of Florida

DecidedJune 4, 1987

DocketNos. 86-1154, 86-1155

StatusPublished

Cited by3 cases

This text of 507 So. 2d 1225 (ADEC, Inc. v. Department of Natural Resources) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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ADEC, Inc. v. Department of Natural Resources, 507 So. 2d 1225, 12 Fla. L. Weekly 1404, 1987 Fla. App. LEXIS 8575 (Fla. Ct. App. 1987).

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Opinion

COWART, Judge.

From the record on appeal, the briefs of the parties, and oral argument, it is clear as a matter of law (1) that appellants’ two applications to appellee Department of Natural Resources for authorization to erect structures at coastal locations (§ 161.-053(5)(a), Fla.Stat.) were made as required by law; (2) that the application in case number 86-1154 was complete as of May 15, 1985; (3) that the application in case number 86-1155 was complete as of July 11, 1985; (4) that there is no substantial competent evidence supporting any finding that the applications were not complete until November 26, 1985; (5) that the application in neither case was approved or denied by the Department within ninety days of receipt of all requested additional information; and (6) that by virtue of section 120.-60(2), Florida Statutes, both applications are deemed approved. Accordingly, the Department’s final order dated June 6, 1986, denying appellants’ applications, is reversed and set aside and this cause is remanded with instructions to the Department to forthwith issue all documents necessary to evidence said approval and to authorize the erection of said structures.

REVERSED and REMANDED.

DAUKSCH and ORFINGER, JJ., concur.

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COWART, Judge.

From the record on appeal, the briefs of the parties, and oral argument, it is clear as a matter of law (1) that appellants’ two applications to appellee Department of Natural Resources for authorization to erect structures at coastal locations (§ 161.-053(5)(a), Fla.Stat.) were made as required by law; (2) that the application in case number 86-1154 was complete as of May 15, 1985; (3) that the application in case number 86-1155 was complete as of July 11, 1985; (4) that there is no substantial competent evidence supporting any finding that the applications were not complete until November 26, 1985; (5) that the application in neither case was approved or denied by the Department within ninety days of receipt of all requested additional information; and (6) that by virtue of section 120.-60(2), Florida Statutes, both applications are deemed approved. Accordingly, the Department’s final order dated June 6, 1986, denying appellants’ applications, is reversed and set aside and this cause is remanded with instructions to the Department to forthwith issue all documents necessary to evidence said approval and to authorize the erection of said structures.

REVERSED and REMANDED.

DAUKSCH and ORFINGER, JJ., concur.

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507 So. 2d 1225, 12 Fla. L. Weekly 1404, 1987 Fla. App. LEXIS 8575, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adec-inc-v-department-of-natural-resources-fladistctapp-1987.

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