Save the Homosassa River Alliance, Inc. v. Citrus County
District Court of Appeal of Florida
1DissentPleus, J.
I dissent. The able and sage trial judge understood the case law and applied it properly. He correctly dismissed this case with prejudice for lack of standing because the plaintiffs repeatedly failed to allege any adverse effects, impact or harm they would suffer from the proposed development that was unique to them. Without it being unique to them, their interest cannot exceed in degree the general interest in the community good shared by all persons. The majority opinion eviscerates the “ad*341verse effect” element of the standing requirement in subsection 163.3215(2), Florida Statutes, and…
2Cases cited15 opinions
- Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
- Sierra Club v. MortonSupreme Court of the United States · 1972
- National Ass'n for the Advancement of Colored People v. ButtonSupreme Court of the United States · 1963
- Price v. MorganDistrict Court of Appeal of Florida · 1983
- Southwest Ranches Homeowners Ass'n v. Broward CountyDistrict Court of Appeal of Florida · 1987
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