Slusher v. Martin County
Florida District Court of Appeal
859 So. 2d 545 (2003)
- Written by Oni Harton, JD
Facts
Slusher (plaintiff) purchased a home with a pond the original owner created for the purpose of raising fish. When Slusher purchased the home, the pond contained fish. When Martin County (defendant) began operating a well it drilled next to Slusher’s property, it caused the water to drain from the pond. Slusher filed a petition for an administrative hearing challenging the permit. The South Florida Water Management District (District) concluded that the permit should be granted based on its interpretation of applicable administrative rules. Accordingly, the District denied Slusher’s petition. The District determined that the pond was not a presently existing legal use. Slusher appealed to the Florida Court of Appeals, contending that the well had an adverse effect on the pond.
Rule of Law
Issue
Holding and Reasoning (Klein, J.)
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