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Toppino's, Inc., v. Community Affairs

District Court of Appeal of Florida, Third District
Jun 29, 2005
905 So. 2d 987 (Fla. Dist. Ct. App. 2005)

Opinion

No. 3D04-2290.

June 29, 2005.

An Appeal from the Department of Community Affairs.

Roetzel Andress, L.P.A. and Kenneth J. Plante, Tallahassee, for appellant.

David L. Jordan (Tallahassee), for appellee.

Before COPE and GREEN, JJ. and SCHWARTZ, Senior Judge.


We affirm the final order of the Department of Community Affairs because the findings of fact in the order are supported by competent substantial evidence. § 120.68(7)(b), Fla. Stat. (2004); Siegel v. Career Servs. Comm'n., 413 So.2d 796 (Fla. 1st DCA 1982). Additionally,

the administrative construction of a statute by the agency charged with its administration should not be disregarded or overturned by a reviewing court except for most cogent reasons and unless clearly erroneous. [A] reviewing court must defer to an agency's interpretation of an operable statute as long as that interpretation is consistent with legislative intent and is supported by substantial, competent evidence.

Metro. Dade County v. Dep't of Envtl. Prot., 714 So.2d 512, 515 (Fla. 3d DCA 1998) (citations omitted). We find no basis in this record for overturning the Department's construction of the subject statute.

Affirmed.


Summaries of

Toppino's, Inc., v. Community Affairs

District Court of Appeal of Florida, Third District
Jun 29, 2005
905 So. 2d 987 (Fla. Dist. Ct. App. 2005)
Case details for

Toppino's, Inc., v. Community Affairs

Case Details

Full title:TOPPINO'S, INC., Appellant, v. DEPARTMENT OF COMMUNITY AFFAIRS, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Jun 29, 2005

Citations

905 So. 2d 987 (Fla. Dist. Ct. App. 2005)