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MICCOSUKEE TRIBE OF FLA. v. DEPT. OF ENVTL.

No. 2D11-2797.

78 So.3d 31 (2011)

MICCOSUKEE TRIBE OF INDIANS OF FLORIDA, a sovereign nation and federally recognized Indian tribe, Petitioner, v. DEPARTMENT OF ENVIRONMENTAL PROTECTION, on behalf of The BOARD OF TRUSTEES OF the INTERNAL IMPROVEMENT TRUST FUND, Respondent.

District Court of Appeal of Florida, Second District.

Rehearing Denied February 2, 2012.

Attorney(s) appearing for the Case

Bernardo Roman, III , Miami, for Petitioner.

Pamela Jo Bondi , Attorney General, and J.A. Spejenkowski , Assistant Attorney General, Tallahassee, for Respondent.

VILLANTI, Judge.

The Miccosukee Tribe of Indians of Florida petitions for a writ of certiorari to quash the trial court's order that denied its motion for final summary judgment in an eminent domain proceeding based on the Tribe's alleged sovereign immunity and/or the provisions of the Federal Nonintercourse Act, 25 U.S.C. § 177. In response, the Department of Environmental Protection contends that the three parcels of land at issue, which the Tribe purchased...

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