Florida Supreme Court Dismisses Florida Crystals' Apa Challenge--"legal Insufficiency" Of Standing

Nov. 22, 2010 - PRLog -- PRESS STATEMENT



Contact:  Judy Sanchez
Director of Corporate Communications
863.902.2210
561.261.3167



FLORIDA SUPREME COURT REJECTS FLORIDA CRYSTALS’ ADMINISTRATIVE HEARING APPEAL—RULING THEY HAVE NO LEGAL STANDING  


CLEWISTON—November 22,  2010—In a separate ruling in the consolidated bond validation case, the Florida Supreme Court has upheld the dismissal of Florida Crystal’s and the Miccosukee Tribe’s petition for an administrative hearing relating to the validity of the South Florida Water Management District’s (SFWMD) decision to purchase U.S. Sugar land for restoration.

“Opponents of the SFWMD’s acquisition of U.S. Sugar property for Everglades ecosystem restoration struck out in the lower courts, in their administrative procedures challenge and now twice in the Florida Supreme Court,” said Judy Sanchez, director of corporate communications.  

“In what is described in their own legal complaint as the fundamental legal question of whether  Appellants (Florida Crystals and Miccosukee Tribe of Florida) could be dismissed on standing without an evidentiary hearing, the Florida Supreme Court wasted few words in ruling on the ‘legal insufficiency’ of their petitions as to standing,” said Sanchez.  

With this ruling, the Florida Supreme Court has seemingly rejected the entirety of Florida Crystals’ and the Miccosukee’s frivolous  and wasteful litigation,” Sanchez said.    

___________________________________________________________________ Supreme Court of Florida
THURSDAY, NOVEMBER 18, 2010 CASE NO.: SC10-330
           Lower Tribunal No(s).: 3D09-2357,       4D09-2915, 2009-178DAO   
NEW HOPE SUGAR COMPANY, ET AL.    vs.    SOUTH FLORIDA WATER MANAGEMENT DISTRICT
CAS   E NO.: SC10-336    
MICCOSUKEE TRIBE OF INDIANS ETC., ET AL.    vs.    SOUTH FLORIDA WATER MANAGEMENT DISTRICT
            


New Hope Sugar Company and the Miccosukee Tribe of Indians appeal an order dismissing their petitions for an administrative hearing relating to the validity of the South Florida Water Management District's decision to purchase property from the U.S. Sugar Corporation for purposes of Everglades restoration and preservation. We affirm the dismissals based on the legal insufficiency of the petitions as to the Appellants' standing. The injuries alleged by the Appellants are too speculative and remote to satisfy the immediacy requirement for an administrative hearing. See Village Park Mobile Home Ass'n v. Dep't of  Business Reg., 506 So. 2d 426, 433 (Fla. 1st DCA 1987).

It is so ordered.


CANADY, C.J., and PARIENTE, LEWIS, QUINCE, POLSTON, LABARGA, and PERRY, JJ., concur.
Case Nos.: SC10-330, SC10-336 Page Two
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U.S. Sugar is the country’s largest vertically integrated producer of sugarcane and refined cane sugar and one of Florida’s major producers of oranges and orange juice products. U.S. Sugar also owns an independent short line railroad, SCFE.