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SOUTH FLORIDA WATER MGT. v. CITY OF ST. CLOUD

Nos. 88-468, 88-557.

550 So.2d 551 (1989)

SOUTH FLORIDA WATER MANAGEMENT DISTRICT, Appellant, v. CITY OF ST. CLOUD, Appellee. CITY OF ST. CLOUD, Appellant, v. SOUTH FLORIDA WATER MANAGEMENT DISTRICT, Appellee.

District Court of Appeal of Florida, Fifth District.

October 26, 1989.

Attorney(s) appearing for the Case

Stanley J. Niego, West Palm Beach, for South Florida Water Management District.

Segundo J. Fernandez and Scott Shirley, of Oertel & Hoffman, P.A., Tallahassee, and H.R. Thornton, City Atty., St. Cloud, for City St. Cloud.

Clifton A. McClelland, Jr. and Patrick F. Healy, of Potter, McClelland & Marks, P.A., Melbourne, for amicus curiae South Brevard Water Authority.

DANIEL, Chief Judge.

This is a consolidated appeal — the City of St. Cloud has appealed the order entered by the South Florida Water Management District denying St. Cloud's petition for a formal administrative proceeding, and the South Florida Water Management District has appealed the order of the trial court granting St. Cloud's motion for a temporary injunction. We affirm in part, reverse in part and remand for further proceedings.

In 1988, the District...

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