Deltona Corp. v. State

Nos. 79-2471 et al. (Fla. Dist. Ct. App. July 20, 1982)

ELR Digest

Under a stipulation and agreement, Deltona Corporation, the State of Florida, and environmental organizations agree that Deltona will convey mangrove wetlands and estuarine properties on Marco Island, Florida, to the state in exchange for state approval to develop designated portions of the island. Deltona began development of an 8,509-acre planned residential and resort community on the island in 1964, but became embroiled in litigation following the 1976 denial of dredge and fill permits by the U.S. Army Corps of Engineers and the 1978 denial of construction permits by the Florida Department of Environmental Regulation. The stipulation and agreement dismisses all pending litigation over the development of mangrove wetlands on the island and permits Deltona to develop 14,500 dwelling units on 3,500 acres of the island, despite Deltona's inability to comply with all state surface water management permit requirements. Prior to development, Deltona must obtain federal permits required by § 10 of the Rivers and Harbors Act and §§ 403 and 404 of the Federal Water Pollution Control Act. Deltona must also convey approximately 15,000 acres of unique wetlands and coastal estuarine property to the state in exchange for yet to be designated state-owned real property. The land to be conveyed to the state by Deltona is located near the Rookery Bay National Estuarine Sanctuary and other government-controlled, environmentally sensitive areas. Environmental organizations that were parties to the pending litigation agree to support the proposed development and the issuance of federal permits. Final development plans will be subject to review by the state and a representative of the environmental organizations.

[Related decisions are reported at 7 ELR 20224 and 11 ELR 20235 and 20905 — Ed.]

The full text of this opinion is available from ELR (28 pp. $4.00, ELR Order No. C-1288).

Counsel for Petitioner
Edgar Moore, Robert C. Apgar
Peeples, Earl, Smith, Moore & Blank
P.O. Box 1169, Tallahassee FL 32302
(904) 222-5510

Counsel for Respondent
Alfred W. Clark, Deputy General Counsel; H. Ray Allen
Department of Environmental Regulation
2600 Blair Stone Rd., Twin Towers Office Bldg., Tallahassee FL 32301
(904) 488-9730

Counsel for Intervenors
James T.B. Tripp
Environmental Defense Fund, Inc.
444 Park Ave. S., New York NY 10016
(212) 686-4191

[OPINION OMITTED BY PUBLISHER IN ORIGINAL SOURCE]