FLORIDA PANTHERS v. COLLIER COUNTY

Case No. 2:13-cv-612-FtM-29DNF.

FLORIDA PANTHERS, (Puma concolor coryi) an endangered species, RED-COCKADED WOODPECKERS, (Picoides boralis) an endangered species, FLORIDA WILDLIFE FEDERATION, a not-for-profit Florida corporation, and COLLIER COUNTY AUDUBON SOCIETY, INC., a not-for-profit Florida corporation, Plaintiffs, v. COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, GEORGIA A. HILLER, in her official capacity as a Collier County Commissioner, TOM HENNING, in his official capacity as a Collier County Commissioner, TIM NANCE, in his official capacity as Collier County Commissioner, and PENNY TAYLOR, in her official capacity as a Collier County Commissioner, Defendants.

United States District Court, M.D. Florida, Fort Myers Division.

May 1, 2015.


Attorney(s) appearing for the Case

Florida Panthers, (Puma concolor coryi) an endangered species, Plaintiff, represented by Thomas W. Reese , Law Office of Thomas W. Reese.

Red-Cockaded Woodpeckers, (Picoides boralis) an endangered species, Plaintiff, represented by Thomas W. Reese , Law Office of Thomas W. Reese.

Florida Wildlife Federation, a not-for-profit Florida corporation, Plaintiff, represented by Thomas W. Reese , Law Office of Thomas W. Reese.

Collier County Audubon Society, Inc., a not-for-profit Florida corporation, Plaintiff, represented by Thomas W. Reese , Law Office of Thomas W. Reese.

Collier County, Florida, a political subdivision of the State of Florida, Defendant, represented by Gregory N. Woods , Woods, Weidenmiller & Michetti, PL & Colleen M. Greene , Collier County Attorney's Office.

Georgia A. Hiller, in her official capacity as a Collier County Commissioner, Defendant, represented by Gregory N. Woods , Woods, Weidenmiller & Michetti, PL & Colleen M. Greene , Collier County Attorney's Office.

Tom Henning, in his official capacity as a Collier County Commissioner, Defendant, represented by Gregory N. Woods , Woods, Weidenmiller & Michetti, PL & Colleen M. Greene , Collier County Attorney's Office.

Tim Nance, in his official capacity as Collier County Commissioner, Defendant, represented by Gregory N. Woods , Woods, Weidenmiller & Michetti, PL & Colleen M. Greene , Collier County Attorney's Office.

Penny Taylor, in her official capacity as a Collier County Commissioner, Defendant, represented by Gregory N. Woods , Woods, Weidenmiller & Michetti, PL & Colleen M. Greene , Collier County Attorney's Office.


OPINION AND ORDER

This matter comes before the Court on review of defendants' Motion to Dismiss Second Amended Complaint (Doc. #31) and the parties' cross-motions for summary judgment (Doc. #42; Doc. #61).

I.

On August 21, 2013, the Florida panthers, the red-cockaded...

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