FRANK ROONEY, JR., A MINOR, BY AND THROUGH HIS FATHER AND NEXT FRIEND, FRANK ROONEY, SR., APPELLANTS,

v.

CRITERION INSURANCE COMPANY, APPELLEE

Citator

Cited By

• Manasota-88, Inc. v. Gardinier, Inc., 481 So. 2d 948 (Fla. 1st DCA 1986)
  …or reason. It is true that DER is not authorized to grant or deny a pollution permit on grounds other than compliance or non-compliance with applicable pollution control standards and rules. Counsel Of the Lower Keys v. Charley Toppino & Sons, Inc., 429 So. 2d 67 (Fla. 3d DCA 1983). However, no logical reason appears to explain how the subject of air pollution can be considered a collateral issue in a proceeding the object of which is to secure an environmental permit for construction and operation of a faci…
• Vill. OF KEY Biscayne v. The Dep't OF Env't Prot., 206 So. 3d 788 (Fla. 3d DCA 2016)
  …er, the Petition’s allegations regarding local comprehensive plans and zoning regulations are also not within the zone of interest of this type of environmental permitting proceeding. See, e.g., Council of Lower Keys v. Charley Toppino & Sons, Inc., 429 So. 2d 67, 68 (Fla. 3d DCA 1983); Taylor v. Cedar Key Special Water and Sewerage District, 590 So. 2d 481 (Fla. 1st DCA 1991) (reflecting that the department is not authorized to deny environmental permits based on alleged noncompliance with local land use re…
• Taylor v. Cedar KEY Special Water & Sewerage Dist. & State of Fla. Dep't of Env't Reg., 590 So. 2d 481 (Fla. 1st DCA 1991)
  …se restrictions and long-range development plans, because the issuance of the permit must be based only on the applicable pollution control standards and rules. § 403.-087, Fla.Stat. (1989). See Council of Lower Keys v. Charley Toppino & Sons, Inc., 429 So. 2d 67, 68 (Fla. 3d DCA 1983). Remedies apart from the permitting scheme are available should the District violate any mandatory requirements in that plan or other plans governing land use and development. AFFIRMED. SHIVERS, ZEHMER and MINER, JJ., concur…

Authorities Cited

• Albert v. Applegate et ux., 377 So. 2d 1150 (Fla. 1979)