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SLUSHER v. MARTIN COUNTY

No. 4D02-3779.

859 So.2d 545 (2003)

James W. SLUSHER, Jr., Appellant, v. MARTIN COUNTY and South Florida Water Management District, Appellees.

District Court of Appeal of Florida, Fourth District.

November 19, 2003.

Attorney(s) appearing for the Case

Howard K. Heims of Littman, Sherlock & Heims, P.A., Stuart, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Janice M. McLean, Assistant Attorney General, West Palm Beach, and John J. Fumero, General Counsel, and Douglas Maclaughlin, Managing Attorney, West Palm Beach, for appellee South Florida Water Management District.

Stephen Fry, County Attorney and David A. Acton, Senior Assistant County Attorney, Stuart, for appellee Martin County.

KLEIN, J.

Appellant owns a home on a few acres with a pond about 90 feet wide, 120 feet long, and ten feet deep. When Martin County began operating a well it had drilled next to appellant's property, it caused all of the water to be drained from the pond. Appellant alleged in this administrative proceeding that South Florida Water Management District should not have issued a permit for the well, because of the adverse affect on his pond. His petition was denied, but...

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