Callan v. Board of County Commissioners
Callan v. Board of County Commissioners
Opinion of the Court
Estuaries Properties made an application for development approval (“ADA”) in 1975 pursuant to Chapter 380, Florida Statutes. Lee County denied approval. The Florida Land and Water Adjudicatory Commission (“FLWAC”) upheld the county’s denial of approval on December 20, 1977. This court reversed in Estuary Properties, Inc. v. Askew, 381 So.2d 1126 (Fla. 1st DCA 1979), however, the Florida Supreme Court found that this court incorrectly reversed the FLWAC and remanded the case to this court to be remanded to the FLWAC with instructions to comply with Section 380.-08(3), Florida Statutes. Graham v. Estuary Properties, Inc., 399 So.2d 1374 (Fla. 1981). On remand to that body, the FLWAC notified the parties to submit proposed final orders specifying changes in the development proposal that would make it eligible to receive the permit.
On March 22, 1982, appellant Callan, to whom a portion of the property in the ADA had been conveyed, filed notice of with
Having heard oral argument in this case and considered the briefs of the parties and the arguments in the motion to dismiss the appeal and responses to that motion, we have concluded that the only direct challenge raised with regard to the final orders appealed is that the amended final order erroneously omits to include a legal description of the property to which the order applies. In our opinion the FLWAC did not err in omitting such description. Since the entire proceedings and the order involved the original ADA as a whole, we construe the amended final order on that ADA to include the lands which Callan has attempted to withdraw. His withdrawal obviously indicates his decision not to proceed further with the original ADA. However, we decline to issue a declaratory statement regarding the future effect of these proceedings on other and different development plans by the parties. The FLWAC properly brought to a close the proceedings regarding the original ADA.
The orders appealed are AFFIRMED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.