Washington County v. Northwest Florida Water Management District
85 So. 3d 1127
| Fla. Dist. Ct. App. | 2012Background
- Consolidated appeals challenge the Northwest Florida Water Management District's 2008 Region III Regional Water Supply Plan.
- Plan lists three water supply options, including inland groundwater development, to meet future demands.
- In 2010, Bay County sought a consumptive use permit for groundwater; appellants challenged both the permit and the Plan.
- District dismissed petitions for lack of jurisdiction (Plan not subject to Chapter 120 challenges) and for lack of standing.
- Appellants allege Plan would affect their substantial interests and would presage Bay County’s permit outcome, impairing them in various ways.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Plan is subject to administrative challenge under 373.709(5). | Appellants: Plan affects substantial interests and is challengeable. | District: Plan is not subject to Chapter 120 challenges. | Plan is subject to challenge; jurisdiction reversed. |
| Whether Appellants have standing to challenge the Plan. | Plan creates a presumption favoring Bay County and injures nearby interests. | Plan does not directly injure appellants; injury is not tied to the Plan. | Appellants lack standing; dismissal affirmed on standing. |
| Whether the Plan adversely affects Appellants' substantial interests in the Bay County permit proceeding. | Plan would influence outcomes affecting substantial interests via permit presumption. | Plan does not control or determine Bay County's permit; it is merely option-oriented. | No direct effect of Plan on Bay County permit; standing lacking. |
Key Cases Cited
- Agrico Chem. Co. v. Dep't of Envtl. Regulation, 406 So.2d 478 (Fla. 2d DCA 1981) (two-pronged standing test)
- Dillard & Associates Consulting Engineers v. Florida Dep't of Envtl. Prot., 893 So.2d 702 (Fla. 1st DCA 2005) (contractor lacking standing where liability not determined by order)
- Mid-Chattahoochee River Users v. Fla. Dep't of Envtl. Prot., 948 So.2d 794 (Fla. 1st DCA 2006) (standing requirements for environmental challenges)
- Menorah Manor, Inc. v. Agency for Health Care Admin., 908 So.2d 1100 (Fla. 1st DCA 2005) (standing and injury-in-fact considerations)
- Capeletti Bros. v. Florida Dep't of Transportation, 362 So.2d 346 (Fla. 1st DCA 1978) (clear entry point rule for administrative challenges)
- Dep't of Revenue ex rel. Smith v. Selles, 47 So.3d 916 (Fla. 1st DCA 2010) (de novo review of jurisdiction and standing)