FLORIDA POWER CORP. v. STATE, SITING BD.

No. BM-134.

513 So.2d 1341 (1987)

FLORIDA POWER CORPORATION, Appellant/Cross-Appellee, v. STATE OF FLORIDA, SITING BOARD, State of Florida, Department of Environmental Regulation, Hillsborough County, Polk County, Central Florida Regional Planning Commission, Pasco County, Lake Carlton Arms, Cheval Land Corporation, Cypress Bend Joint Venture, James V. and Mary A. Lau, Nelson P. and Pauline A. Zambito, and Daniel T. and Andrea Z. Maloney, Appellees/Cross-Appellants.

District Court of Appeal of Florida, First District.

Rehearing Denied November 13, 1987.


Attorney(s) appearing for the Case

Carlos Alvarez of Hopping, Boyd, Green & Sams, Tallahassee (H.A. Evertz, III, Senior Counsel, Florida Power Corporation, of counsel), for appellant/cross-appellee.

Jim Smith, Atty. Gen. and Louis F. Hubener, Asst. Atty. Gen., Tallahassee, for appellee State of Florida Siting Bd.

Frederick D. Karl of Karl, McConnaughhay, Roland, Maida & Beal and Emeline C. Acton and Elizabeth L. Eddy, Asst. County Attys., Tampa, for appellee/cross-appellant Hillsborough County.

Mark F. Carpanini, Asst. County Atty., Bartow and A.H. Lane and Ralph Artigliere of Lane, Trohn, Clarke, Bertrand & Williams, Lakeland, for appellee/cross-appellant Polk County and Central Florida Regional Planning Commission.

David Smolker, Chief Asst. County Atty., New Port Richey, for appellee/cross-appellant Pasco County.

Joseph A. McGlothlin of Lawson, McWhirter, Grandoff & Reeves, Tampa, for appellee/cross-appellant Lake Carlton Arms, Cheval Land Corp. and Cypress Bend Joint Venture.

James V. Lau of Lau, Lane, Pieper & Asti, Tampa, for appellee/cross-appellant James V. and Mary A. Lau, Nelson P. and Pauline A. Zambito and Daniel T. and Andrea Z. Maloney.


ERVIN, Judge.

Several issues are raised in this appeal/cross-appeal from the final order of the Governor and Cabinet, which denied certification of appellant-Florida Power Corporation's (FPC) proposed Lake Tarpon-Kathleen transmission line corridor (LT-K transmission line). We reverse as to the issues raised by FPC, and decline to consider all issues raised by the various cross-appellants.

Under the Transmission Line Siting Act (TLSA),1<...

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