Harvey v. Dept. of Agriculture

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2003 ROBERT M. HARVEY, Appellant, v. Case No. 5D03-802 DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, Appellee. / Opinion filed October 24, 2003 Administrative Appeal from the Florida Department of Agriculture and Consumer Services. Michael R. D'Lugo of Wicker, Smith, O'Hara, McCoy, Graham & Ford, P. A., Orlando, for Appellant. Wesley R. Parsons and Jack R. Reiter of Adorno & Yoss, P. A., Miami, for Appellee. PER CURIAM. Robert M. Harvey appeals a final order issued by the Florida Department of Agriculture and Consumer Services, advising him that his citrus trees would be destroyed because the trees were either infected with citrus canker or were located within 1,900 feet of a cankerinfested tree. We affirm the Department s order on the authority of Florida Department of Agriculture and Consumer Services v. Haire, 836 So. 2d 1040 (Fla. 4th DCA), review granted, 842 So. 2d 844 (Fla. 2003). See also Kirchgessner v. Fla. Dep t of Agric. & Consumer Servs., 849 So. 2d 410 (Fla. 5th DCA 2003). This affirmance is without prejudice to seek just compensation for the destruction of the trees having value, or such other relief as may be appropriate. The stay entered by the court is lifted. AFFIRMED. PETERSON, PLEUS and ORFINGER, JJ., concur. 2

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