Narrative Opinion Summary
An appeal by Friends of the Everglades, Inc., a non-profit organization, was made against the South Florida Water Management District regarding two decisions: granting conceptual approval for a surface water management system and denying the organization’s request to intervene in the proceedings. The court affirmed the Water Management District's decisions, determining that Friends was appropriately denied intervention based on Section 403.412(5) of the Florida Statutes (1981). The court also noted that the issue concerning notice was not adequately raised or preserved for appeal. The Water Management District had considered a letter from Friends alongside the testimony of some of its members. All other points raised by Friends were found to lack merit. The decision was affirmed unanimously by Judges Beranek, Dell, and Walden.
Legal Issues Addressed
Consideration of Public Input in Administrative Decisionssubscribe to see similar legal issues
Application: The Water Management District considered input from Friends of the Everglades, Inc. through a letter and testimony from its members, reflecting procedural engagement with public concerns.
Reasoning: The Water Management District had considered a letter from Friends alongside the testimony of some of its members.
Intervention in Administrative Proceedingssubscribe to see similar legal issues
Application: The court upheld the denial of Friends of the Everglades, Inc.'s request to intervene in the proceedings based on legislative guidelines.
Reasoning: The court affirmed the Water Management District's decisions, determining that Friends was appropriately denied intervention based on Section 403.412(5) of the Florida Statutes (1981).
Preservation of Issues for Appealsubscribe to see similar legal issues
Application: The court noted that the issue concerning notice was not adequately raised or preserved for appeal, thus affecting its reviewability.
Reasoning: The court also noted that the issue concerning notice was not adequately raised or preserved for appeal.