You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

Friends of the Everglades, Inc. v. State

Citations: 491 So. 2d 1257; 11 Fla. L. Weekly 1645; 1986 Fla. App. LEXIS 9087Docket: No. 85-2507

Court: District Court of Appeal of Florida; July 29, 1986; Florida; State Appellate Court

Narrative Opinion Summary

Appellant failed to demonstrate prejudice from not participating in the permit proceeding prior to an agreement between a land developer and the Game and Fresh Water Fish Commission regarding the conditional issuance of a permit for relocating endangered species. The court referenced *Friends of the Everglades, Inc. v. South Florida Regional Planning Council*, indicating that similar circumstances where preliminary staff activities do not significantly impact substantial interests or procedural rights do not justify an intervention before a formal public hearing. Consequently, the final order dismissing the appellant's petition and notice of intervention is affirmed.

Legal Issues Addressed

Affirmation of Dismissal for Lack of Prejudice

Application: A final order dismissing a petition and notice of intervention is affirmed when there is no demonstrated prejudice from non-participation.

Reasoning: Consequently, the final order dismissing the appellant's petition and notice of intervention is affirmed.

Intervention in Preliminary Administrative Activities

Application: Preliminary activities by staff do not warrant intervention unless they significantly impact substantial interests or procedural rights.

Reasoning: The court referenced *Friends of the Everglades, Inc. v. South Florida Regional Planning Council*, indicating that similar circumstances where preliminary staff activities do not significantly impact substantial interests or procedural rights do not justify an intervention before a formal public hearing.

Prejudice Requirement in Permit Proceedings

Application: The appellant must demonstrate actual prejudice from not participating in preliminary proceedings to justify intervention.

Reasoning: Appellant failed to demonstrate prejudice from not participating in the permit proceeding prior to an agreement between a land developer and the Game and Fresh Water Fish Commission regarding the conditional issuance of a permit for relocating endangered species.