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NW. WATER MGMT. v. DEPT. OF COMMUNITY AFFAIRS

No. 1D08-4993.

7 So.3d 1129 (2009)

NORTHWEST FLORIDA WATER MANAGEMENT DISTRICT, Petitioner, v. DEPARTMENT OF COMMUNITY AFFAIRS, Robin Olin, Dan Katz, Lynn DeCaterina, Leisure Properties Ltd., Water Management Services, Inc., and Jocelyn F. Harrison, Respondents.

District Court of Appeal of Florida, First District.

Rehearing Denied April 23, 2009.

Attorney(s) appearing for the Case

Kevin X. Crowley of Pennington, Moore, Wilkinson, Bell & Dunbar, P.A., Tallahassee, for Petitioner.

Shaw P. Stiller, General Counsel, and Kelly A. Martinson, Assistant General Counsel, Tallahassee, for Respondent Department of Community Affairs; Daniel W. Hartman and Jeanne B. Curtin of Hartman Curtin & Way, P.A., Tallahassee, for Respondents Leisure Properties Ltd., and Water Management Services, Inc.; no appearance for Respondents Robin Olin, Dan Katz, Lynn DeCaterina, and Jocelyn F. Harrison.

PER CURIAM.

The Northwest Florida Water Management District (District) petitioned this Court for a writ of prohibition or writ of quo warranto, raising a challenge to the authority of the Department of Community Affairs (Department) to require property owners who wished to drill wells on their property to obtain permits from the Department. The petition for writ of prohibition was previously denied in accordance with Broward County v. Florida National Properties...

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