BD. OF COUNTY COM'RS INDIAN RIVER v. GRAHAM

Nos. SC15-504, SC15-505.

191 So.3d 890 (2016)

BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, Florida, Appellant, v. Art GRAHAM, etc., et al., Appellees. Board of County Commissioners of Indian River County, Florida, Appellant, v. Art Graham, etc., et al., Appellees.

Supreme Court of Florida.

May 19, 2016.


Attorney(s) appearing for the Case

Floyd Robert Self of Berger Singerman LLP, Tallahassee, FL, and Dylan Todd Reingold , County Attorney, Vero Beach, FL, for Appellant.

Charles J. Beck , General Counsel, Samantha M. Cibula , Attorney Supervisor, and Kathryn Gale Winter Cowdery , Senior Attorney, Tallahassee, FL, for Appellee Florida Public Service Commission.

Robert Scheffel Wright and John Thomas LaVia, III of Gardner, Bist, Bowden, Bush, Dee, LaVia & Wright, P.A., Tallahassee, FL; and Wayne Ross Coment , City Attorney, Vero Beach, FL, for Appellee City of Vero Beach.

Meredith Deanna Crawford , Assistant County Attorney, Pensacola, FL, for Amicus Curiae Escambia County, Florida.

Virginia Saunders Delegal , General Counsel, Florida Association of Counties, Inc., Tallahassee, FL, for Amici Curiae Florida Association of Counties, Inc. and Florida Association of County Attorneys, Inc.

William Bartow Willingham and Michelle Lynn Hershel , Tallahassee, FL, for Amicus Curiae Florida Electric Cooperatives Association, Inc.


In this consolidated appeal, the Board of County Commissioners Indian River County, Florida (County) challenges two separate orders of the Florida Public Service Commission (PSC).1 The first order is a declaratory statement that the PSC issued in response to a petition...

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