Title: Memorandum in Support of Defendants' Motion to Strike
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 Material Information
Title: Memorandum in Support of Defendants' Motion to Strike
Alternate Title: Memorandum in Support of Defendants' Motion to Strike, To Dismiss for Lack of Jurisdiction and To Strike The Petition As Concerns Florida Citrus Mutual. Case No. 84-573-CA-01. Division A.
Physical Description: 3p.
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
General Note: Box 4, Folder 1 ( SF BASIN BOARD CONCEPT ), Item 3
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00051919
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

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IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT
IN AND FOR HERNANDO COUNTY, FLORIDA


The County Commission of Hardee County, )
The County Commission of DeSoto County, )
The County Commission of Hernando County, )
The Northwest Hillsborough Basin Board, )
Florida Citrus Mutual, William R. McMullen, ) Case No. 84-573-CA-01
Gail Parsons, Stanton L. Reese, Patricia R. ) Division: A
Pieper, John E. Sargeant, Charles O. )
Kuharske, Allen K. Stone, Jean Perchalski, )
Charles E. Booth, Charles H. Martin, James )
Lloyd Ryals, Berryman T. Longino and )
Derrill McAteer, )

Plaintiffs )

v. )

Gary W. Kuhl, as Executive Director of the )
Southwest Florida Water Management District, )
and the Governing Board of the Southwest )
Florida Water Management District, )

Defendants. )


MEMORANDUM IN SUPPORT OF DEFENDANTS'
MOTION TO STRIKE, TO DISMISS FOR LACK OF JURISDICTION
OVER THE PARTY AND TO STRIKE THE PETITION AS
CONCERNS FLORIDA CITRUS MUTUAL

Florida Citrus Mutual on its own behalf or on behalf of its members has no capacity












narrow powers. Subsection 618.07, defines the power of agricultural associations

incorporated pursuant to Chapter 618. The power to sue or be sued is not included.

Paragraph 618.07(10) provides:

(10) To do each and everything necessary, suitable or proper for the

accomplishment of any one of the purposes, or the attainment of any one

or more of the objects herein enumerated, or conducive to or expedient

for the interest or benefit of the association and to contract accordingly;

and in addition to exercise and possess all powers, rights, and privileges

necessary or incidental to the purposes for which the association is

organized or to the activities in which it is engaged, and any other rights,

powers, and privileges granted by the laws of this state to corporations

for profit, except such as are inconsistent with the express provisions of

this chapter; and to do any such thing anywhere;

A power granted in subparagraph 607.011(l)(b) to corporations for profit is the

power to sue and be sued, complain, and defend in its corporate name in all actions or

proceedings. This power to sue may presumably be exercised by Florida Citrus Mutual.

However, paragraph 618.07(10) limits this power to instances where it is consistent with

the provisions of Chapter 618. Section 618.06 provides for the purposes of an

agricultural association incorporated pursuant to Chapter 618. These purposes are:

engaging in any cooperative activity in connection with the producing, marketing, or

selling of agricultural products; or with the growing, harvesting, preserving, drying,

processing, canning, packing, grading, storing, warehousing, handling, shipping, or

utilizing such products; or the manufacturing or marketing of the byproducts thereof; or

in connection with any of the activities mentioned herein, the manufacturing, selling, or

supplying of machinery, equipment or supplies, or in the financing of any of the above

enumerated activities; or in performing or furnishing business or educational services, on

a cooperative basis for those engaged in agriculture as bona fide producers of

agricultural products or in any one or more of the activities specified herein.

It is inconsistent with the production, harvesting, manufacturing and marketing

purposes of an agricultural cooperative to devote its resources to court challenges of

budgetary decisions of the Southwest Florida Water Management District.

Subsection 618.07(3), Florida Statutes, sets out the circumstance under which an

agricultural association may act as the agent or representative of any person. Those

circumstances are, as set out in subsection 618.07(1) and (2), when the agricultural

cooperative is:

(1) engaging in any activity in connection with the producing, marketing,












selling, preserving, growing, harvesting, drying, processing,

manufacturing, canning, packing, grading, warehousing, storing, handling,

or utilizing of agricultural products or in the manufacturing or marketing

of the byproducts thereof; or in any activities in connection with the

manufacturing, purchasing, hiring or using supplies, machinery or

equipment; or in the financing of any of the above-enumerated activities;

or in performing business or educational services, on a cooperative basis

for those engaged in agriculture as bona fide producers of agricultural

products; or in any one or more of the activities specified herein.

(2) borrowing money from any source without limitation as to amount of

corporate indebtedness or liability, with authority to give any kind or

form of obligation or security therefore;

A maxim of statutory construction is that the mention of one thing implies the

exclusion of another. Dobbs v. Sea Island Hotel, 56 So2d 341 (Fla. 1952).

The express authorization above clearly excludes representation of its members and

nonmembers in a suit concerning budgetary decisions of Southwest Florida Water

Management District.

Because of Florida Citrus Mutual's election to organize as an agricultural

association with very specific purposes, Florida Citrus Mutual has no statutory

authorization on behalf of itself or its members or nonmembers to maintain suits seeking

to affect the outcome of Southwest Florida Water Management District's budgetary

process.

Respectful submitted




ST1EPHENA. ALKER, GENERAL COUNSEL
SOUTHWEST FLORIDA WATER
MANAGEMENT DISTRICT
2379 Broad Street
BrooksviUlle, Florida 33512-9712
(904) 796-7211





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