Donovan v. City of Destin

Full title: John S. Donovan, David H. Sherry, Rebecca R. Sherry, and Thomas Wilson…

Court: Florida Court of Appeals, First District

Date published: Jul 16, 2021

No. 1D19-4101 (Fla. Dist. Ct. App. Jul. 16, 2021)

Opinion

1D19-4101 1D20-1434

07-16-2021

John S. Donovan, David H. Sherry, Rebecca R. Sherry, and Thomas Wilson, Appellants, v. City of Destin, Florida, and Department of Environmental Protection, Appellees. Thomas Wilson, John S. Donovan, David H. Sherry, and Rebecca R. Sherry, Appellants, v. U.S. Army Corps of Engineers, Fla. Department of Environmental Protection, City of Destin, and Okaloosa County, Florida, Appellees.

D. Kent Safriet, Joseph A. Brown, and Kristen C. Diot of Hopping Green &Sams, Tallahassee, for Appellants. Justin G. Wolfe, General Counsel, and Paul J. Polito and Jeffrey Brown, Office of General Counsel, Tallahassee, for Appellee Department of Environmental Protection. Kenneth G. Oertel of Oertel, Fernandez, Bryant &Atkinson, P.A., Tallahassee for Appellee City of Destin.

PER CURIAM.

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

On appeal from the Department of Environmental Protection. Noah Valenstein, Secretary.

D. Kent Safriet, Joseph A. Brown, and Kristen C. Diot of Hopping Green &Sams, Tallahassee, for Appellants.

Justin G. Wolfe, General Counsel, and Paul J. Polito and Jeffrey Brown, Office of General Counsel, Tallahassee, for Appellee Department of Environmental Protection.

Kenneth G. Oertel of Oertel, Fernandez, Bryant &Atkinson, P.A., Tallahassee for Appellee City of Destin.

PER CURIAM.

These consolidated appeals are dismissed for lack of standing given Appellants' failure to demonstrate through competent, substantial evidence in the record that they were adversely affected by the final orders entered by the Department of Environmental Protection. See Martin Cnty. Conservation All. v. Martin Cnty., 73 So.3d 856, 862-64 (Fla. 1st DCA 2011) (explaining that to have standing on appeal, a party must demonstrate that it is adversely affected by the decision at issue and that mere speculation regarding future adverse impacts is insufficient); see also Fla. Indus. Power Users Grp. v. Graham, 126 So.3d 1056, 1056 (Fla. 2013) (citing Martin and dismissing the case before it for lack of standing because the appellant "did not demonstrate that it is adversely affected by the [a]ppellee's decision and does not cite to competent, substantial evidence in the record supporting this position").

DISMISSED.

LEWIS, OSTERHAUS, and M.K. THOMAS, JJ., concur.