Six years ago, former Gov. Claude Kirk filed a lawsuit
accusing the state's sugar growers of being a public nuisance.
On Thursday, the Florida Supreme Court ruled that Kirk may
have a case to make - but not in the courts.
"It sounds like we lost our circuit court remedies and
that we're going to be obliged to pursue whatever concerns we
have administratively," said Jack Scarolla, Kirk's
attorney. "As a practical matter, it will preclude us
from going any further with these claims."
Kirk and several Belle Glade residents who suffer
respiratory ailments and skin lesions accused Florida's major
sugar growers, including Flo-Sun and U.S. Sugar Corp., of
causing a host of problems. They said the companies altered
the natural state of Lake Okeechobee and the Everglades;
introduced polluting chemicals and toxins into the air and
water of South Florida; hurt wildlife; and caused human
ailments, such as kidney problems.
At issue is an individual's right to seek the courts' help
in having a business declared a public nuisance for the way it
operates. The growers argued that Kirk's suit was without
merit because state agencies enforce Florida's environmental
laws. But Kirk, who served as governor from 1967 until 1971,
argued that the agencies have not done their job. |