BUTLER CHAIN CONCERNED CITIZENS, INC. v. DEPARTMENT OF ENVIRONMENTAL PROTECTION and WINDEMERE BOTANICAL GARDEN, L.P.

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IN THE DISTRICT COURT OF APPEAL, FIRST DISTRICT, STATE OF FLORIDA BUTLER CHAIN CONCERNED CITIZENS, INC., NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED. Appellant, CASE NO. 1D04-3941 v. DEPARTMENT OF ENVIRONMENTAL PROTECTION and WINDERMERE BOTANICAL GARDEN, L.P., Appellees. _____________________________/ Opinion filed July 29, 2005. An appeal from an order of the Department of Environmental Protection. Karen Brodeen and Jake D. Varn of Fowler White Boggs Banker, P.A., Tallahassee, for Appellant. Kelli M. Dowell, Senior Assistant General Counsel, Department of Environmental Protection, Tallahassee, for Appellee Department of Environmental Protection; Timothy A. Smith of Akerman Senterfitt, Orlando, for Appellee Windermere Botanical Garden, L.P. PER CURIAM. We affirm the agency s holding that appellant lacked standing to challenge the consent agreement. As a result, we do not address appellant s remaining arguments. AFFIRMED. ERVIN, WOLF and WEBSTER, JJ., CONCUR. 2

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