DeCarion v. Martinez (Fla 1st DCA 1989)
Jan 20, 1989OUTCOME: Landowners prevailed.
State "agency" -- comprised of Governor & Cabinet -- attempted to adopt ad-hoc rule prohibiting developer from constructing 9-slip dock on state-owned submerged lands, for large upland development on K ... ey Largo. Florida's First District Court of Appeal held that cabinet "agency" was bound by its own published rules. Those rules allowed the dock to be constructed. This opinion has been cited in four decisions of Florida Courts of Appeal (as of Nov. 6, 2008).
