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Marion County v. Greene

5 So. 3d 775 (2009)

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Marion County v. Greene

Florida District Court of Appeal
5 So. 3d 775 (2009)

Facts

Greene (defendant) submitted a consumptive-use permit to the St. Johns River Water Management District (District). Greene sought an application for a consumptive-use permit to withdraw ground water for bottling and distribution. Greene’s application requested authorization to withdraw ground water from an existing well. Marion County (plaintiff) objected to the permit, asserting that the proposed withdrawal and use were not in the public interest and were inconsistent with Marion County’s interests, plans, and regulations. The District published a notice of intent to approve Greene’s application. Marion responded by filing a petition for an administrative hearing. Following a formal administrative hearing, the administrative-law judge (ALJ) recommended that the District approve Greene’s application. Marion County appealed.

Rule of Law

Issue

Holding and Reasoning (Palmer, C.J.)

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