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SEMINOLE TRIBE OF FLORIDA v. HENDRY COUNTY

No. 2D12-1657.

106 So.3d 19 (2013)

SEMINOLE TRIBE OF FLORIDA, Petitioner, v. HENDRY COUNTY, Florida, a Political Subdivision of the State of Florida; FLorida Power & Light CO.; and McDaniel Reserve Realty Holdings, LLC, a Florida Limited Liability Company, Respondents.

District Court of Appeal of Florida, Second District.

January 23, 2013.

Attorney(s) appearing for the Case

Kenneth G. Spillias , Andrew J. Baumann , Tara Duhy , and James E. Charles of Lewis, Longman & Walker, P.A., West Palm Beach, for Petitioner.

Douglas S. Roberts , Dan R. Stengle , Vinette D. Godelia , and Jacob T. Cremer of Hopping Green & Sams, P.A., Tallahassee, for Respondent Florida Power & Light Co.; Mark F. Lapp , Hendry County Attorney's Office, LaBelle, for Respondent Hendry County, a Political Subdivision of the State of Florida; and Charles B. Upton II of Upton Law Firm, P.L., Tallahassee, for Respondent McDaniel Reserve Realty Holdings, LLC, a Florida Limited Liability Company.

KHOUZAM, Judge.

On September 14, 2011, the Seminole Tribe of Florida filed a petition for writ of certiorari in the circuit court seeking to quash Ordinance 2011-07 adopted by Hendry County on May 24, 2011. The Ordinance rezoned 3127 acres of land from general agriculture to a Planned Unit Development (PUD) for the purpose of constructing a natural gas power plant and solar energy farm. The Seminole Tribe argued that the County's adoption of the Ordinance departed...

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