Modern, Inc. v. Florida, Department of Transportation

ORDER

PRESNELL, District Judge

This matter comes before the Court on the motion to dismiss or, in the alternative, for summary judgment (Doc. 215) filed by Defendant United States Fish & Wildlife Service (“Fish & Wildlife”), the response (Doc. 243) filed by the Plaintiffs, Modern, Inc. (“Modern”) and First Omni Service Corp. (“First Omni”), and the reply (Doc. 276) filed by Fish & Wildlife.

I. Background

The Plaintiffs — henceforth referred to as “Modern” for ease of reference — and Defendants Fish & Wildlife and St. Johns River Water Management District (“St. Johns”) 'own or manage real estate…