Orange County Audubon Society, Inc. v. Hold
| Decision Date | 27 April 1973 |
| Docket Number | No. 72--648,72--648 |
| Parties | ORANGE COUNTY AUDUBON SOCIETY, INC., Appellant, v. Lois HOLD, Individually, a Taxpayer of Orange County, Florida, et al., Appellees. |
| Court | Florida District Court of Appeals |
F. Hartselle Baker, of Robertson, Williams & Baker, Orlando, for appellant.
Steven R. Bechtel, of Mateer & Harbert, Orlando, for appellees.
This is an appeal by the Orange County Audubon Seciety, Inc., plaintiff below, frm that portion of the trial court's ruling declaring that the Society did not have the 'standing to maintain' the action below.
The suit below was instituted against the Board of County Commissioners of Orange County. As one of the bases for dismissing plaintiff's amended complaint the trial court concluded:
In 1971 the legislature enacted Chapter 71--343, Laws of Florida, known as the 'Environmental Protection Act of 1971' and renumbered as F.S., Section 403.412, F.S.A. A reading of this act reflects a legislative purpose to provide a procedure whereby governmental bodies Could be compelled to enforce applicable environmental laws and individuals, corporations and governmental bodies Could be restrained from violating any of the applicable environmental laws. In particular, subsection 2 of Section 403.412 provides:
'(2)(a) The department of legal affairs, any political subdivision or municipality of the state, or a Citizen of the state may maintain an action for injunctive relief against:
1. Any governmental agency or authority charged by law with the duty of enforcing laws, rules, and regulations for the protection of the air, water, and other natural resources of the state to compel such governmental authority to enforce such laws, rules, and regulations;
2. Any person, natural or corporate, governmental agency or authority to enjoin such persons, agencies, or authorities from violating any laws, rules or regulations for the protection of the air, water, and other natural resources of the state.' (Emphasis added.)
The foregoing quoted language evinces a legislative intent to make enforcement of environmental laws and to make restraint of violations thereof a responsibility of the government As well as the citizenry. It is urged, however, that the meaning of the word 'citizen' as used in Section 403.412, supra, be restricted to a 'natural person' only, thereby, precluding any...
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