Title: Selected Environmental Cases Affecting Local Government in Florida
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 Material Information
Title: Selected Environmental Cases Affecting Local Government in Florida
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Selected Environmental Cases Affecting Local Government in Florida
General Note: Box 7, Folder 1 ( Vail Conference 1987 - 1987 ), Item 20
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00000627
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text







SELECTED ENVIRONMENTAL CASES
AFFECTING LOCAL GOVERNMENT IN FLORIDA



Agrico Chemical Co. v. DER and Sarasota County, 365 So.2d
759 (Fla. 1st DCA 1979). See also Agrico Chemical Co. v.
DER, 406 So.2d 478 (Fla. 2d DCA 1981)
Rule challenge to effluent limitations for
phosphate industry.

Audubon Society of Southwest Florida v. Lee County and DER,
DOAH Case No. 81-2307, Final Order, July 6, 1982, aff'd, Bd.
of Trustees, Nov. 23, 1982. See also: 8 F.A.L.R. 4498.
Environmental objection to construction of
roadway across cypress swamp.

Bartecki v. Beardsley and DER, 471 So.2d 1325 (Fla. 1st DCA
1985).
Third party dock case in OFW.

Caloosa Property Owners Ass'n. v. DER, 462 So.2d 523 (Fla.
1st DCA 1985).
Dredge and fill permit for construction of
industrial park.

Cape Cave Corporation v. DER and E.C.O.S.W.F., 11 FLW 2449
(Fla. 1st DCA, Nov. 28, 1986).
Septic tanks restrictions imposed via dredge
and fill permit for large upland development
near OFW.

Council of Lower Keys v. Toppino and DER, 429 So.2d 67 (Fla.
3d DCA 1983).
DER air pollution permit not conditioned upon
Sec. 163.3194, F.S.

Del Campo v. DER, 452 So.2d 1004 (Fla. 1st DCA 1984).
Cumulative impacts of island development should
be considered in permit for bridge.

Franklin County v. Leisure Properties, Ltd., 430 So.2d 475
(Fla. 1st DCA 1983).
County eqOitably stopped from imposing
moratorium contrary to requirements of
Ch. 163, F.S.

Friends of the Everglades, Inc. et al. v. Fla. Dept. of
Community Affairs, 494 So.2d 262 (Fla. 1st DCA 1986)
Consistency letter insufficient to provide point
of entry for hearing.

Graham et al. v. Estuary Properties, 399 So.2d 1374 (Fla.
1981).
Denial of DRI affecting mangrove swamps
not a taking of property.

Hillsborough County v. Putney, 495 So.2d 224 (Fla. 2d DCA
1986).
Denial of rezoning to conserve maple swamp
upheld.

Itco Properties, Inc. v. Town of Highland Beach, 485 So.2d
47 (Fla. 4th DCA 1986).
Suit against town for inverse condemnation
extinguished appeal on merits.



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Janson v. City of St. Augustine, 468 So.2d 329 (Fla. 5th DCA
1985).
Same as above.

Lewis Oil Co. V. Alachua County, 492 So.2d 184, (Fla. 1st
DCA 1986).
Local tank ordinance not approved by DER
not enforceable.

Manatee County et al. v. Estech and DER, 429 So.2d 360 (Fla.
1st DCA 1983).
County opposition to permit for phosphate mine.

Martin v. Pinellas County, 444 So.2d 439 (Fla. 2d DCA 1983),
pet. for rev. den., 451 So.2d 849.
County prosecution of cleanup action to
protect wellfield.

Myakka Valley Ranches Improvement Ass'n., et al. v. City of
Sarasota and DER, OGC Case No. 85-0663; Final Order, Sept.
12, 1986, app. pending, 2d DCA, Docket No. 86-2509.
Denial of permit to City for construction
of major spray irrigation disposal system
near State park.

Porpoise Point Partnership v. St. Johns County, 470 So.2d
850 (Fla. 5th DCA 1985).
Denial of rezoning inappropriate where
consistent with applicable zoning concepts.

Reedy Creek Improvement Dist. v. DER and Central Fla.
Utilities,486 So.2d 642 (Fla. 1st DCA 1986). See also:
Reedy Creek Improvement District v. DER, 447 So.2d 313 (Fla.
1st DCA 1984).
Permit issued for construction of AWT facility
despite objection of local program

Sarasota, Florida v. U.S. Environmental Protection Agency,
799 Fed. 2d 674 (C.A. 11, 1986).
Claim over grant money cognizable in
district court.

Yonge v. Askew, 293 So.2d 395 (Fla. 1st DCA 1974).
Local government interpretation of public
interest under Ch. 253 sufficient to
support permit denial.

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