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Kirk loses sugar suit
By Mark Hollis, Knight Ridder Tribune
March 30, 2001
 
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.