RLI LIVE OAK, LLC v. SOUTH FLORIDA WATER MANAGEMENT DISTRICT

No. 5D11-2329.

99 So.3d 560 (2012)

RLI LIVE OAK, LLC, Appellant, v. SOUTH FLORIDA WATER MANAGEMENT DISTRICT, Appellee.

District Court of Appeal of Florida, Fifth District.

Certification Granted and Rehearing Denied October 26, 2012.


Attorney(s) appearing for the Case

Kenneth G. Oertel and M. Christopher Bryant of Oertel, Fernandez, Bryant & Atkinson, P.A., Tallahassee, for Appellant.

Jack Chisolm , Deputy General Counsel, And Teresa L. Mussetto , Chief Appellate Counsel, Florida Department of Environmental Protection, Tallahassee, Amicus Curiae, for Florida Department of Environmental Protection.

Carolyn S. Ansay , General Counsel, Ruth A. Holmes and Alison L. Kelly , West Palm Beach, for Appellee.


JACOBUS, J.

RLI Live Oak, LLC ("RLI"), land developers who own property in Osceola County, filed suit in circuit court seeking a declaratory judgment for a determination that the property it owned did not contain any wetlands and, therefore, was not under the jurisdiction of the South Florida Water Management District ("the District"). The District counterclaimed against RLI alleging that RLI participated in unauthorized dredging, construction activity, grading, diking...

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