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KIRCHHOFF v. SOUTH FLA. WATER MGMT. DIST.

No. 2D01-2197.

805 So.2d 848 (2001)

William E. KIRCHHOFF, individually and as Trustee of the William E. Kirchhoff, Jr. Revocable Trust, Petitioner, v. SOUTH FLORIDA WATER MANAGEMENT DISTRICT, Polk County, Florida, Charles Rinaldi, Robert Schaeffer, Meredith L. Scott, individually and as Trustee, John B. Arnold, S. David Spector, Patterson W. Moseley, Sherry B. Moseley, Lawrence J. Byrne, Andrew S. Taussig, and John Ochsner, Respondents.

District Court of Appeal of Florida, Second District.

Rehearing Denied October 22, 2001.

Attorney(s) appearing for the Case

Kelvin L. Averbuch, Lake Mary, for Petitioner.

David H. Simmons and Bart R. Valdes of Drage, de Beaubien, Knight, Simmons, Mantzaris & Neal, LLP, Orlando, for Respondent Meredith L. Scott, as Successor Trustee.

Robert A. Butterworth, Attorney General, and Robert I. Scanlan, Assistant Attorney General, Tallahassee, for Respondent South Florida Water Management District.

No appearance for remaining Respondents.

ALTENBERND, Acting Chief Judge.

William E. Kirchhoff, individually and as Trustee of the William E. Kirchhoff, Jr. Revocable Trust, petitions this court for a writ of prohibition or, in the alternative, a writ of certiorari preventing the trial court from entering an order of taking pursuant to South Florida Water Management District's (SFWMD) petition for taking filed under section 74.031, Florida Statutes (2000). We treat the petitioner's request as a petition for...

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