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SEMINOLE TRIBE OF FLORIDA v. HENDRY COUNTY

No. 2D12-2307.

114 So.3d 1073 (2013)

SEMINOLE TRIBE OF FLORIDA, Appellant, 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, Appellees.

District Court of Appeal of Florida, Second District.

June 12, 2013.

Attorney(s) appearing for the Case

Kenneth G. Spillias , Andrew J. Baumann , and Tara W. Duhy of Lewis, Longman & Walker, P.A., West Palm Beach, for Appellant.

Mark F. Lapp , LaBelle, for Appellee Hendry County.

Douglas S. Roberts , Vinette D. Godelia , and Brooke E. Lewis of Hopping Green & Sams, P.A., Tallahassee, for Appellee Florida Power & Light Co.

Charles B. Upton, II , of Upton Law Firm, P.A., Tallahassee, for Appellee McDaniel Reserve Realty Holdings, LLC.

Ralf Brooks , Cape Coral , for Amici Curiae Sierra Club, Inc., and Conservancy of Southwest Florida, Inc.

VILLANTI, Judge.

The Seminole Tribe of Florida appeals an order dismissing the Tribe's third amended complaint after the trial court concluded that the action was preempted by the Florida Electrical Power Plant Siting Act (the PPSA), sections 403.501-.518, Florida Statutes (2011). Because we find no preemption on the facts of this case, we reverse.

This case involves the interplay of section 163.3215, Florida Statutes...

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