JOHN S. DONOVAN, DAVID H. SHERRY, REBECCA R. SHERRY, AND THOMAS WILSON
v.
CITY OF DESTIN, FLORIDA, AND DEPARTMENT OF ENVIRONMENTAL PROTECTION
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Appellants lack standing to appeal because they failed to demonstrate through competent, substantial evidence in the record that they were adversely affected by the final orders.
[1] To establish standing to appeal, a party must demonstrate through competent, substantial evidence in the record that it is adversely affected by the decision at issue; me…
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Join FLexlaw to unlock all legal intelligence“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”
Court's explanation of standing requirement, citing Martin County Conservation Alliance v. Martin County
Appellants John S. Donovan, David H. Sherry, Rebecca R. Sherry, and Thomas Wilson appealed final orders entered by the Department of Environmental Pro…
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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. _____________________________
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Citator
Authorities Cited
- Martin Cnty. Conservation Alliance & 1000 Friends of Fla., Inc. v. Martin Cnty., 73 So. 3d 856 (Fla. 1st DCA 2011)