CHARLOTTE COUNTY, Florida, Petitioner,
v.
IMC-PHOSPHATES COMPANY; Florida Department of Environmental Protection; Manasota-88, Inc.; Peace River/Manasota Regional Water Supply Authority; Environmental Confederation of Southwest Florida; Lee County; Sarasota County; DeSoto Citizens Against Pollution, Inc.; Alan Behrens; and Joseph Fernandez, Respondents.
District Court of Appeal of Florida, First District.https://leagle.com/images/logo.png
August 22, 2002.
August 22, 2002.
Attorney(s) appearing for the Case
Edward P. de la Parte, Jr., David M. Caldevilla and Vivian Arenas of de la Parte & Gilbert, Tampa; Martha Burton and Renee Francis Lee, Charlotte County Attorney's Office, Port Charlotte, for petitioner.
Steve L. Brannock of Holland & Knight, Tampa, Roger W. Sims of Holland & Knight, Orlando, Susan L. Stephens of Holland & Knight, Tallahassee, and Patricia Petruff of Dye, Deitrich, Prather, Petruff & St. Paul, Bradenton, for respondent IMC-Phosphates Company.
Teri Donaldson, General Counsel, Maureen M. Malvern, Senior Assistant General Counsel and Betsy Hewitt, Deputy General Counsel, Tallahassee, for respondent State of Florida, Department of Environmental Protection.
Aliki Moncrief, Earth Justice Legal Defense Fund, Tallahassee, for respondents Manasota-88 and Environmental Confederation of Southwest Florida.
Douglas Manson and David Pearce of Carey, O'Malley, Whitaker & Manson, Tampa, for respondent Peace River/Manasota Regional Water Supply Authority.
Jorge L. Fernandez, County Attorney, and Gary K. Oldehoff, Assistant County Attorney, Sarasota, for respondent Sarasota County.
James G. Yaeger, Lee County Attorney, and Thomas L. Wright, Assistant County Attorney, Fort Myers, for respondent Lee County.
Alan R. Behrens, President, Arcadia, for respondents DeSoto Citizens Against Pollution, Inc., and Joseph Fernandez.
District Court of Appeal of Florida, First District.
WOLF, J.
Charlotte County petitions this court for a writ of prohibition, seeking review of an order of David Struhs, as Secretary of the Florida Department of Environmental Protection (DEP), which denied the county's motion for disqualification.1 We conclude that the county's motion was facially sufficient and should have been granted; therefore, we grant the petition for writ of prohibition...
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