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ST. JOHNS RIVER WATER v. FARMLAND RESERVE

No. 5D10-1611.

56 So.3d 900 (2011)

ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, Appellant, v. FARMLAND RESERVE, INC., Appellee.

District Court of Appeal of Florida, Fifth District.

March 18, 2011.

Attorney(s) appearing for the Case

Stanley J. Niego and William H. Congdon , Palatka, for Appellant.

Thomas B. Drage, Jr. , County Attorney, and John P. Lowndes , Assistant County Attorney, Orange County, Florida, Amicus Curiae, for Appellant.

Scott J. Johnson , Suzanne E. Gilbert and Min K. Cho of Holland & Knight LLP, Orlando, Frank E. Matthews , Eric T. Olsen and Julie M. Murphy of Hopping, Green & Sams, P.A., Tallahassee, for Appellee.

PER CURIAM.

We are asked to review a judgment on the pleadings that construed flowage and storage easements over lands owned by Appellee. Because we determine that the easements are ambiguous in scope, we reverse and remand for further proceedings.

The easements provided in pertinent part that Appellant's predecessor, its successors and assigns, had the right to use Appellee's property "for the purpose of the flowage...

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