SOUTHWEST FLORIDA WATER MANAGEMENT DIST. v. CHARLOTTE CTY.

Nos. 2D97-1626, 2D97-2204 and 2D97-2206.

774 So.2d 903 (2001)

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT; Environmental Confederation of Southwest Florida; and Manatee County, Appellants/Cross-Appellees, v. CHARLOTTE COUNTY, Appellee, and Pinellas County; Desoto County and Hardee County; Polk County; and Florida Citrus Mutual, Appellees/Cross-Appellants.

District Court of Appeal of Florida, Second District.

January 5, 2001.


Attorney(s) appearing for the Case

Virginia B. Townes of Akerman, Senterfitt & Eidson, P.A., Orlando, and William S. Bilenky, Brooksville, for Appellant/Cross-Appellee Southwest Florida Water Management District.

S. Ansley Samson and David G. Guest of Earthjustice Legal Defense Fund, Inc., Tallahassee, for Appellant/Cross-Appellee Environmental Confederation of Southwest Florida.

Teddy N. Williams, Jr., County Attorney, and Jeffrey N. Steinsnyder, Senior Assistant County Attorney, Bradenton, for Appellant/Cross-Appellee Manatee County.

Christopher H. Bentley and Diane Tremor of Rose, Sundstrom & Bentley, Tallahassee, for Appellee Charlotte County.

Edward P. de la Parte, Jr., David M. Caldevilla, and Charles R. Fletcher of de la Parte, Gilbert & Bales, P.A., Tampa, for Appellee/Cross-Appellant Pinellas County.

Kent A. Zaiser, Tallahassee; Daniel P. Fernandez, Tampa; Laura A. Olson, Tampa; and Gary A. Vorbeck, Arcadia, for Appellees/Cross-Appellants DeSoto County and Hardee County.

Mark F. Carpanini, Karla Foreman Wright, Palmer C. Davis, and Barbara Coleman, Bartow, for Appellee/Cross-Appellant Polk County.

Michael A. Skelton of Michael A. Skelton, P.A., Tampa, for Appellee/Cross-Appellant Florida Citrus Mutual.

Kathryn L. Mennella, Jennifer B. Springfield, and Stanley J. Niego, Palatka, for St. Johns River Water Management District, Amicus Curiae.

Robert G. Gough, Assistant General Counsel, Department of Environmental Protection, Tallahassee, for Department of Environmental Protection, Amicus Curiae.


DANAHY, PAUL W., (Senior) Judge.

Pursuant to section 120.68, Florida Statutes (Supp.1996), the Southwest Florida Water Management District (the District), Manatee County, and the Environmental Confederation of Southwest Florida appeal portions of the comprehensive 652-page order of the Administrative Law Judge (ALJ) that invalidated several of the District's existing or proposed rules and agency statements.1 Several parties, including...

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