DELANEY REYNOLDS, ET AL.
v.
THE STATE OF FLORIDA; RON DESANTIS, IN HIS OFFICIAL CAPACITY AS GOVERNOR OF THE STATE OF FLORIDA; PUBLIC SERVICE COMMISSION; DEPARTMENT OF ENVIRONMENTAL PROTECTION; ET AL.

Fla. 1st DCA | 2021-05-18
No. 20-2036
Florida District Court of Appeal, First District (2021)

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Synopsis

This case involved an appeal by Delaney Reynolds and others against the State of Florida and various state officials. The appellate court affirmed the lower court's decision, citing precedent that rejected similar lawsuits as raising nonjusticiable political questions.


Holding

The court held that the lawsuit raised nonjusticiable political questions. Therefore, the lower court's decision to reject the lawsuit was affirmed.


Headnotes

[1] Claims challenging state environmental and energy policy decisions may be dismissed as presenting nonjusticiable political questions unsuitable for judicial determination…

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Key Quotes

“AFFIRMED. See Citizens for Strong Schs., Inc. v. Fla. State Bd. of Educ., 262 So. 3d 127, 143 (Fla. 2019) (affirming judgment rejecting lawsuit as raising nonjusticiable political questions).”

This quote directly states the court's disposition and the primary legal basis for its decision.

Facts & Procedural History

The specific facts leading to the lawsuit are not detailed in this opinion. However, the case was brought by Delaney Reynolds and other appellants aga…

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Opinion of the Court
M.K. Thomas

PER CURIAM.

AFFIRMED. See Citizens for Strong Schs., Inc. v. Fla. State Bd. of Educ., 262 So. 3d 127, 143 (Fla. 2019) (affirming judgment rejecting lawsuit as raising nonjusticiable political questions).

BILBREY, KELSEY, and M.K. THOMAS, JJ., concur. _____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

Guy M. Burns of Johnson, Pope, Bokor, Ruppel & Burns, LLP, Tampa; Fred Wallace Pope of Johnson, Pope, Bokor, Ruppel & Burns, LLP, Clearwater; Erin L. Deady of Erin L. Deady, P.A., Delray Beach; Mitchell A. Chester of the Law Office of Mitchell A. Chester, P.A., Plantation; Debra Swim of Debra Swim, PLLC, Tallahassee; Jane M. West of Jane West Law, P.L., St. Augustine; Matthew D. Schultz of Levin, Papantonio, Thomas, Mitchell, Rafferty & Proctor, P.A., Pensacola; and Andrea K. Rodgers of Our Children’s Trust, Seattle, WA, pro hac vice, for Appellants.

Ashley Moody, Attorney General, Amit Agarwal, Solicitor General, James H. Percival, Chief Deputy Solicitor General, Kevin A. Golembiewski, Deputy Solicitor General, and Karen A. Brodeen, Senior Assistant Attorney General, Tallahassee, for Appellees State of Florida, Ron DeSantis, in his official capacity as Governor, and the Public Service Commission. Joe Jacquot, General Counsel, John MacIver, James W. Uthmeier, and Nicholas A. Primrose, Deputy General Counsel, Executive Office of the Governor, Tallahassee, for Appellee Governor Ron DeSantis. Justin G. Wolfe, General Counsel, Jeffrey Brown, Assistant General Counsel, and Kelley Corbari, Assistant General Counsel, Tallahassee, for Appellees Department of Environmental Protection; Noah Valenstein, in his official capacity as Secretary of the Florida Department of Protection; The Board of Trustees of the Internal Improvement Trust Fund. Steven Hall, General Counsel,

Magdalena Ozarowski, Deputy General Counsel, and Genevieve Hall, Senior Attorney, for Appellees Nikki Fried, in her official capacity as Commission of Agriculture and the Department of Agriculture and Consumer Services.


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