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MICCOSUKEE TRIBE v. S. FLA. WATER MGMT.

Nos. SC09-1817, SC09-1818.

48 So.3d 811 (2010)

MICCOSUKEE TRIBE OF INDIANS OF FLORIDA, etc., Appellant, v. SOUTH FLORIDA WATER MANAGEMENT DISTRICT, etc., et al., Appellees. New Hope Sugar Company, et al., Appellants, v. South Florida Water Management District, etc., et al., Appellees.

Supreme Court of Florida.

November 18, 2010.

Attorney(s) appearing for the Case

Sonia Escobio O'Donnell , James Edwin Kirtley , and Clifton R. Gruhn of Jordon Burt, LLP, Miami, Florida; Joseph P. Klock, Jr. , Gabriel E. Nieto and Juan Carlos Antorcha of Rasco, Klock, Renninger, Perez, Vigil, and Nieto, Coral Gables, FL, for Appellants.

Randall W. Hanna , Christine E. Lamia , Frederick J. Springer , Jason M. Breth , and Jolinda L. Herring of Bryant, Miller, Olive, PA., Tallahassee, FL, and Sheryl G. Wood , General Counsel, and Frank S. Bartolone , South Florida Water Management District, West Palm Beach, FL, for Appellees.

E. Thom Rumberger and Noah D. Valenstein of Rumberger, Kirk and Caldwell, Tallahassee, FL, on behalf of Florida Audubon Society, Inc. and National Audubon Society d/b/a Audubon of Florida and Nathaniel P. Reed ; Michael F. McAuliffe , State Attorney, and Maureen Hackett Ackerman , Assistant State Attorney, Fifteenth Judicial Circuit, West Palm Beach, FL, as Intervenors.

Robert L. Nabors of Nabors, Giblin and Nickerson, P.A., Tallahassee, FL, Major B. Harding of Ausley and McNullen, P.A, Tallahassee, FL, and Joy Causseaux Frank , Florida Association of District School Superintendents, Tallahassee, FL, on behalf of Florida Association of District School Superintendents, As Amici Curiae.

QUINCE, J.

This case is before the Court on appeal from a circuit court judgment validating a proposed bond issue. We have jurisdiction. See art. V, § 3(b)(2), Fla. Const. For the reasons expressed below, we affirm in part and reverse in part the circuit court's judgment.

FACTUAL AND PROCEDURAL HISTORY

In October 2008, the South Florida Water Management District (the District), filed a complaint in the Fifteenth Judicial Circuit seeking...

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