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0 <br />March 13, 1980 <br />Page Two <br />-Boot 43 PACE 86 - <br />and replacement of it with an interceptor waterway ostensibly to <br />perform the same scrubbing effect as the removed mangroves in <br />maintaining water quality. The Regional Planning Council, Lee <br />County, and the Governor and Cabinet, concluded that the developer <br />had not presented sufficient data to demonstrate that the interceptor <br />waterway would perform this function. Therefore, the requested <br />permission for development was denied. <br />The First District Court of Appeal essentially ruled that for a <br />governmental agency to validly deny a development request on this <br />basis, the agencies would have to establish affirmatively that there <br />would be an adverse water quality impact. In other words, it would <br />be up to local government and other governmental agencies involved <br />to fund and perform the extensive engineering studies and testing <br />necessary to demonstrate whether the developer's proposed interceptor <br />waterway would work. Obviously, if this type of rationale is applied <br />to local zoning decisions, as well as local government consideration <br />of Development Orders and other land development regulations, it <br />would not only seriously weaken local government's authority to <br />regulate land use but would also have serious fiscal consequences <br />in these days of ever dwindling sources of revenue. <br />There are also other issues of importance in this case which, in the <br />interest of brevity, I will not review; however, I am sure your local <br />government attorney can provide you with an analysis in regard to these <br />issues. <br />Your local government may be able to have input into the final decision <br />by the Florida Supreme Court in this case by making an effort to file• <br />as an amicus curiae (becoming a party to the litigation as a friend <br />of the court). Such involvement should not require a major commitment <br />of funds and may prove prudent expense in the long run. We at Treasure <br />Coast have authorized our attorney to proceed in this direction on our <br />behalf and are of the opinion that local governments within our region <br />should consider similar action. It is important, we believe, for other <br />local governments to join in this endeavor so that the Supreme Court <br />will appreciate the significance of this case and give it the serious <br />deliberation it deserves. <br />I have asked the Council's Executive Director, Sam Shannon, to make <br />available copies of the First District Court of Appeal decision, the <br />amicus curi-ae;-filed by the Council, as well as any other information <br />the Council has available on this issue to any requesting local <br />government in the region. Please feel free to call on Sam at <br />your earliest possible convenience if you feel we can be of <br />assistance. <br />Thank you for your kind consideration of this matter. <br />Your,nery truly, <br />irma <br />PBL:cs <br />