ST. LUCIE CTY. v. ST. LUCIE VILLAGE

Nos. 91-1358, 91-1359.

603 So.2d 1289 (1992)

ST. LUCIE COUNTY and St. Lucie County Port and Airport Authority, Appellants, v. TOWN OF ST. LUCIE VILLAGE; Airport Watch, Inc.; James Grimes; William Thiess; Virginia Meeko; Nel Granitz; Robert Terry, Jr.; Mabel Fawsett; Barbara Platts; Terry L. Howard; Ronald Rohm; Katherine B. Goodwin; Steve Hoskins; Jan Lein; Jane Brooks; Harold Hogan; Astor Summerlin; Peggy Berg; Greg Rosslow; Deborah B. Jones; and Chris Haynes, Appellees.

District Court of Appeal of Florida, Fourth District.

Motions for Rehearing, Certification or Clarification Denied August 31, 1992.


Attorney(s) appearing for the Case

Robert L. Nabors and Gregory T. Stewart of Nabors, Giblin & Nickerson, P.A., Tallahassee, and Daniel McIntyre, Fort Pierce, for appellants.

Richard V. Neill, Jr., of Neill, Griffin, Jeffries & Lloyd Chartered, Fort Pierce, for appellee-Town of St. Lucie Village.

Ben L. Bryan, Jr., of Fee, Bryan & Koblegard, P.A., Fort Pierce, for individual appellees.

John S. Yodice and Donald L. Hardison of Yodice Associates, Washington, D.C., and Cecile S. Hatfield, Miami, for amicus curiae, Aircraft Owners and Pilots Ass'n.

Alan C. Sundberg and F. Townsend Hawkes of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., Tallahassee, for amicus curiae, Florida Airport Managers Ass'n.

Thornton J. Williams, Gen. Counsel, Russell A. Waldon and Gregory G. Costas, Asst. General Counsels, Tallahassee, for amicus curiae Florida Dept. of Transp.

George A. Golder, Egerton K. van den Berg and John R. Hamilton of Foley & Lardner, Orlando, for amici curiae the City of Tallahassee, the Greater Orlando Aviation Authority, the Hillsborough County Aviation Authority, Metropolitan Dade County, the Sarasota-Manatee Airport Authority, and the City of Naples Airport Authority.


FARMER, Judge.

This case involves an injunction against any future expansion of a county airport. The Town of St. Lucie Village, joined by Airport Watch, Inc., and various other persons, filed a five-count Amended Complaint against St. Lucie County [County] and the St. Lucie County Port and Airport Authority [Authority], alleging that the airport was or would become a nuisance.

The St. Lucie County Airport [Airport] is a publicly owned airport facility located...

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