In an extraordinarily unusual move, the Fourth District Court of Appeal — on its own motion — vacated orders
that were previously entered denying motions filed on behalf of the Guardians of Martin County and the late Nathaniel Reed to file friend-of-the-court briefs. Those motions have now been granted, the brief was re-filed by The Guardians in support of Former Martin County Commissioner Maggy Hurchalla’s appeal.
The Fourth District Court of Appeal has also granted motions seeking permission to file friend of the court briefs by bullsugar.org, Florida Wildlife Federation, the Pegasus Foundation and Friends of the Everglades in support of Maggy Hurchalla’s appeal of the verdict in the Lake Point litigation.
Maggy Hurchalla
The case involves the Lake Point project, which Ms. Hurchalla questioned in email communications with Martin County Commissioners. Ms. Hurchalla expressed her belief that the rock mining operation might cause harm to the environment.
Ms. Hurchalla was expressing her First Amendment right to free speech. Even so, a jury ruled against her and ordered her to pay a whopping $4.3 million dollars.
The case is now under review by the Fourth District Court of Appeal.
“The governmental denial of any project always causes economic loss to the applicant. But the idea that an individual citizen or citizen’s group who participates in this Government vetting of a project can be financially bankrupted in a Florida Trial Court simply can’t be supported,” the Guardians’ motion says.
Read the order here: Order on Various Motions for Leave
Read the Amicus Brief here: Amicus Brief