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Ortega v. State, Department of Environmental Protection

District Court of Appeal of Florida, First District
Dec 7, 1994
646 So. 2d 797 (Fla. Dist. Ct. App. 1994)

Opinion

No. 94-786.

December 7, 1994.

Appeal from the Department of Environmental Protection (DEP).

Jacalyn N. Kolk, Panama City, for appellant.

Lori E.H. Killinger, Asst. Gen. Counsel, Dept. of Environmental Protection, Tallahassee, for appellee.


The Florida Department of Environmental Protection correctly dismissed appellant's petition for an informal administrative hearing. The Department, as an administrative agency, does not have jurisdiction over the takings claim that appellant obviously wishes to raise. The circuit courts have jurisdiction over valid taking claims pursuant to the directives of Key Haven Associated Enterprises, Inc. v. Board of Trustees of the Internal Improvement Trust Fund, 427 So.2d 153 (Fla. 1982).

AFFIRMED.

ZEHMER, C.J., and KAHN and VAN NORTWICK, JJ., concur.


Summaries of

Ortega v. State, Department of Environmental Protection

District Court of Appeal of Florida, First District
Dec 7, 1994
646 So. 2d 797 (Fla. Dist. Ct. App. 1994)
Case details for

Ortega v. State, Department of Environmental Protection

Case Details

Full title:VICTOR M. ORTEGA, APPELLANT, v. STATE OF FLORIDA, DEPARTMENT OF…

Court:District Court of Appeal of Florida, First District

Date published: Dec 7, 1994

Citations

646 So. 2d 797 (Fla. Dist. Ct. App. 1994)