274 



or approval of all such agencies having jurisdiction 

 to prohibit the work, namely Pinellas County Water 

 and Navigation Control Authority (which originally re- 

 jected permission, but ultimately issued a permit pur- 

 suant to state Court order),' Trustees of the Internal 

 Improvement Fund of the State of Florida, Central 

 and South Florida Flood Control District, and Board 

 of Pilot Commissioners for the Port of St. Petersburg. 



Landholders then applied to the Corps of Engineers 

 for a federal permit to perform the dredging and filling. 

 The Pinellas County Water and Navigation Control Au- 

 thority (which originally rejected permission, but ul- 

 timately issued a permit pursuant to state Court order) 

 continued to oppose the work as did the Board of County 

 Commissioners of Pinellas County, who also comprise 

 the Pinellas County Water and Navigation Control Au- 

 thority, the County Health Board of Pinellas County, 

 the Florida Board of Conservation, and about 700 in- 



iThe Authority's denial of a permit was affirmed by the Florida 

 District Court of Appeal in Zabel v. Pinellas Coimty Water & 

 Navigation Control Authority, Fla, Ct. App., 1963 154 So.2d 

 181. The Supreme Court of Florida reversed that decision be- 

 cause Zabel had been required by the Authority to show that 

 there would be no adverse effect on the public interest, rather 

 than the burden of adverse effect being placed on the Authority. 

 It held that on this record there was insufficient shov/ing of 

 adverse effect, so that denial of a permit would be a taking of 

 property without compensation. It said (p. 381). "In view of 

 the foregoing, the decision appealed from is quashed and the 

 cause remanded for disposition consistent herewith." Zabel v. 

 PineUas County Water & Nav. Con. Auth., Fla., 1965, 171 So.2d 

 376. Against the Authority's contention that this ruling intended 

 further proceedings on the application, to accord it a chance 

 to establish adverse effect, the District Court of Appeal direct- 

 ed issuance of a permit. Pinellas County Water & Nav. Con. 

 Auth. v. Zabel, Fla. Ct. App., 1965, 179 So.2d 370. 



