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SMITH v. WILLIS

No. AC-469.

415 So.2d 1331 (1982)

Jim SMITH, Attorney General of the State of Florida, the Department of Veterans and Community Affairs, and Transgulf Pipeline Company, Petitioners, v. Ben C. WILLIS, As Judge of the Circuit Court of the Second Judicial Circuit in and for Gadsden County, Florida; and Board of County Commissioners of Gadsden County, Florida, et al., Respondents.

District Court of Appeal of Florida, First District.

June 18, 1982.

Attorney(s) appearing for the Case

James M. Corrigan, Asst. Atty. Gen., Tallahassee, for Jim Smith, Atty. Gen.

C. Lawrence Keesey, Tallahassee, for Dept. of Veterans and Community Affairs.

Gary P. Sams, of Hopping, Boyd, Green & Sams, P.A., Tallahassee, for petitioners.

John Shaw Curry, of Johnson, Harnett, Curry & Slay, Quincy, Marva Davis, Havana, and Ernest W. Welch, of Welch & Munroe, Tallahassee, for respondents.

ROBERT P. SMITH, Jr., Chief Judge.

By petition for a writ of prohibition or common law certiorari the Attorney General and others question the circuit court's denial of a motion to dismiss and its jurisdiction to proceed upon the amended complaint of the Gadsden County Board of County Commissioners for a declaratory judgment declaring among other things that section 380.07(3), part of the Environmental Land and Water Management Act of 1972, is unconstitutional on...

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