SOUTH FLORIDA WATER MANAGEMENT DISTRICT, APPELLANT,
v.
CITY OF ST. CLOUD, APPELLEE; CITY OF ST. CLOUD, APPELLANT, V. SOUTH FLORIDA WATER MANAGEMENT DISTRICT, APPELLEE
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The City of St. Cloud challenged the South Florida Water Management District's denial of its petition for a formal administrative hearing regarding well construction permits issued to a private party. The court affirmed the trial court's grant of a temporary injunction but reversed the District's dismissal of St. Cloud's petition, finding the city had standing to challenge the permits.
St. Cloud demonstrated a substantial interest sufficient to establish standing for a formal administrative hearing under section 120.57(1) because it showed the wells would adversely affect the city's water supply. The trial court did not abuse its discretion in granting the temporary injunction because St. Cloud presented sufficient evidence of irreparable injury.
[1] A party is entitled to a formal administrative hearing under section 120.57(1), Florida Statutes, when substantial interests of that party are determined by an agency.
[2] To establish a substantial interest for purposes of a formal administrative hearing, a party must demonstrate injury in fact which is of sufficient immediacy and of a typ…
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Join FLexlaw to unlock all legal intelligence“In order for a party to establish a substantial interest, the party must demonstrate that it will suffer injury in fact which is of sufficient immediacy to entitle it to receive a formal administrative hearing, and that the injury is of a type or nature which the administrative hearing is designed to protect.”
Establishes the legal standard for standing under section 120.57(1)
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Join FLexlaw to unlock all legal intelligenceIn 1988, the District issued well construction permits to J.S. Woodson for sites in Osceola County. St. Cloud received notice and petitioned the Distr…
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DANIEL, Chief Judge.
This is a consolidated appeal — the City of St. Cloud has appealed the order entered by the South Florida Water Management District denying St. Cloud’s petition for a formal administrative proceeding, and the South Florida Water Management District has appealed the order of the trial court granting St. Cloud’s motion for a temporary injunction. We affirm in part, reverse in part and remand for further proceedings.
' In 1988, the District issued several well construction permits to J.S. Woodson thereby enabling Woodson to construct water wells on various sites located in Osceola County. When St. Cloud received notice that the construction permits had been issued, St. Cloud petitioned the District to conduct a formal administrative proceeding pursuant to section 120.57(1), Florida Statutes (1987).
In its petition St. Cloud averred in part that the construction of the water wells would have the effect of impairing, polluting and otherwise adversely affecting the quality and availability of water to the city. St. Cloud also filed with the circuit court a motion for injunctive relief requesting, among other things, that the trial court issue a temporary injunction enjoining the District from authorizing continued construction of these water wells pending resolution of the section 120.57(1) petition.
The District subsequently entered a final order dismissing St. Cloud’s section 120.-57(1) petition, stating that dismissal was required because St. Cloud lacked standing to challenge the issuance of the well construction permits. The trial court meanwhile granted St. Cloud’s motion for injunctive relief and directed that the injunction remain in effect until final disposition of the section 120.57(1) petition.
On appeal St. Cloud contends that it was error for the District to deny its petition for a formal section 120.57(1) proceeding, asserting that its petition demonstrates that the City has standing to intervene in this matter. We agree.
Section 120.57(1) provides that a party is entitled to a formal administrative hearing when substantial interests of the party are determined by an agency. In order for a party to establish a substantial interest, the party must demonstrate that it will suffer injury in fact which is of sufficient immediacy to entitle it to receive a formal administrative hearing, and that the injury is of a type or nature which the administrative hearing is designed to pro tect. Agrico Chemical Company v. Department of Environmental Regulation, 406 So. 2d 478 (Fla. 2d DCA 1981).
See also Sullivan v. Northwest Florida Water Management District, 490 So. 2d 140 (Fla. 1st DCA 1986).
The petition filed by St. Cloud indicates that the city has a substantial interest in the quality and availability of its water supply and that this interest will be adversely affected by the construction of the instant water wells.
Accordingly, the final order entered by the District denying St. Cloud’s section 120.57(1) petition must be reversed and this matter remanded to the District with instructions to conduct a formal section 120.57(1) proceeding.
In its appeal, the District contends that the trial court abused it discretion in granting St. Cloud’s motion for injunctive relief because St. Cloud failed to establish that it would suffer irreparable injury if the injunction was not granted. This contention is, however, without merit. Review of the testimony presented at the injunction hearing reveals that sufficient evidence was presented to establish that irreparable injury would occur absent imposition of injunctive relief. Accordingly, we affirm the order of the trial court.
AFFIRMED in part, REVERSED in part, REMANDED.
SHARP, J., and ORFINGER, M., Judge, Retired, concur.
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