Leon FL Lawyers | Andrew Scott Grayson -- eLawyers

00-005128GM DEPARTMENT OF COMMUNITY AFFAIRS vs CITY OF MARATHON AND BANANA BAY OF MARATHON, INC. (2000)

Division of Administrative Hearings, Florida Filed: Dec. 26, 2000

The issue is whether a development order adopted by Respondent City of Marathon by Resolution PC00-09-04 is consistent with the comprehensive plan, land development regulations, and statutes.Development order allowing landowner to transfer density from 12 boat slips to 12 motel rooms was inconsistent with the land development regulations.

00-003913GM MODERN, INC., AND CHARLES F. MOEHLE vs DEPARTMENT OF COMMUNITY AFFAIRS AND BROWARD COUNTY (2000)

Division of Administrative Hearings, Florida Filed: Sep. 21, 2000

The issue in this case is whether Brevard County's 1999 Comprehensive Plan Amendments B.12, B.13, and B.14 (the Plan Amendments) are "in compliance."Petitioners failed to present sufficient evidence to prove notices of transmittal and adoption hearings were inadequate and that plan amendment was not in compliance. Agreed to continue final hearing; brief Respondents` motion for involuntary dismissal.

90-005021GM LOST TREE VILLAGE CORPORATION vs INDIAN RIVER SHORES (1990)

Division of Administrative Hearings, Florida Filed: May 17, 1999

The issue in Case Number 90-5021GM is whether the Town of Indian River Shores' Comprehensive Plan adopted by Ordinance Number 386 is "in compliance," as defined in Section 163.3184(1), Florida Statutes. The issue in Case Number 92-6784GM is whether the City of Vero Beach's Comprehensive Plan adopted by Ordinance 92-21 is "in compliance," as defined in Section 163.3184(1), Florida Statutes.Plans designating density of one unit per five acres for islands was upheld. Provision requiring bridge was not in compliance.

99-000666GM JOHN ABBEY; MICHAEL ALISON; LINDA E. ALLEN; RUSSELL L. ALLEN; JOHN ALWAY, M.D.; PATRICIA ANTICH; ROBERT BACON; MARK BERNETT; HELLMUT BAUER; JAIME M. BENAVIDES, JR., AND JOYCE BENAVIDES; NELA BENAVIDES; ET AL. vs DEPARTMENT OF COMMUNITY AFFAIRS (1999)

Division of Administrative Hearings, Florida Filed: Feb. 11, 1999

The issue in these cases is whether a land development regulation adopted as City of Key West Ordinance 98-31, and approved by a Final Order of the Department of Community Affairs, DCA Docket No. DCA98-OR-237, is consistent with the Principles for Guiding Development for the City of Key West Area of Critical State Concern set forth in Rule 28-36.003(1), Florida Administrative Code.Petitioners failed to prove ordinance prohibiting use of residential property for short-term tourist rentals inconsistent with principles for guiding development applicable to the Key West area of critical concern.

99-000667GM JERRY COLEMAN, BRUCE MOORE, R. SMITH, MARGARET A. ADORJAN, LOUIS A. ADORJAN, THOMAS AHERN, ANN LIGHTHALL, RONALD LEONARD, CHRIS TAGGART, JOHN BEHMKE, WENDY ASHCROFT, THOMAS WALTERS, CLINTON J. BARRAS, ET AL. vs DEPARTMENT OF COMMUNITY AFFAIRS (1999)

Division of Administrative Hearings, Florida Filed: Feb. 11, 1999

The issue in these cases is whether a land development regulation adopted as City of Key West Ordinance 98-31, and approved by a Final Order of the Department of Community Affairs, DCA Docket No. DCA98-OR-237, is consistent with the Principles for Guiding Development for the City of Key West Area of Critical State Concern set forth in Rule 28-36.003(1), Florida Administrative Code.Petitioners failed to prove ordinance prohibiting use of residential property for short-term tourist rentals inconsistent with principles for guiding development applicable to the Key West area of critical concern.

99-001081DRI JOHN F. ROONEY vs MONROE COUNTY AND DEPARTMENT OF COMMUNITY AFFAIRS (1999)

Division of Administrative Hearings, Florida Filed: Mar. 08, 1999

The issue in these cases is whether a land development regulation adopted as City of Key West Ordinance 98-31, and approved by a Final Order of the Department of Community Affairs, DCA Docket No. DCA98-OR-237, is consistent with the Principles for Guiding Development for the City of Key West Area of Critical State Concern set forth in Rule 28-36.003(1), Florida Administrative Code.Petitioners failed to prove ordinance prohibiting use of residential property for short-term tourist rentals inconsistent with principles for guiding development applicable to the Key West area of critical concern.

97-001350EPP IN RE: CITY OF TALLAHASSEE PURDOM UNIT 8 POWER PLANT SITING APPLICATION vs DEPARTMENT OF ENVIRONMENTAL PROTECTION (1997)

Division of Administrative Hearings, Florida Filed: Mar. 13, 1997

Petitioner proved compliance with all relevant statutory and rule requirements in establishing economic, environmental, and public interest justification for granting of Power Plant Site certification.

85-002814RX GREG HILL vs. DEPARTMENT OF NATURAL RESOURCES (1985)

Division of Administrative Hearings, Florida Latest Update: Oct. 15, 1985

Whether Petitioner has standing to challenge DNR's side setback policy? If so, whether DNR's side setback policy amounts to an illicit rule? Whether the last sentence of Rule 16B-33.05(6), Florida Administrative Code, and the first sentence of Rule 16B-33.07(7), Florida Administrative Code, or either of them, constitutes an invalid exercise of delegated legislative authority?Rule purporting to allow DNR to deny coastal const permit if landowner could build landward of the line is pro tanto beyond statutory authority.

84-002945 JACK G. NICHOLS vs. DEPARTMENT OF NATURAL RESOURCES (1984)

Division of Administrative Hearings, Florida Latest Update: Sep. 25, 1985

Beach homes were "under construction" before effective date of new Department of Natural Resources (DNR) rule. No subterfuge. Successfully "grandfathered" and no permits needed.

84-003571RX BOCILLA, INC., AND GASPARILLA ENTERPRISES PENSION vs. DEPARTMENT OF NATURAL RESOURCES (1984)

Division of Administrative Hearings, Florida Latest Update: Jan. 08, 1985

This matter came on for hearing before the Division of Administrative Hearings by its duly designated Hearing Officer, Robert T. Benton, II, on November 14, 1984, and concluded on December 7, 1984, the sixth day of hearing. Except for proceedings on December 3, 1984, in Punta Gorda, the hearing took place in Tallahassee, Florida. The parties are represented by counsel: For Petitioners Island Harbor Beach Club, Ltd. Palm Island Village Property Owners Association, Inc., Palm Island Village II Property Owners Association, Inc., Charlotte Harbor Land Company Inc., Mary Heuberger, Richard Morris, Richard Hall, Robert L. Taylor, Dr. Orlando Hudson, George Swartz, Robert Coulter, Richard Beauchamp, William Guthrie, Wally Ryerson, William Mackey, Bernardo Arenas, Jr., Wayne Ator, Carl Frank, David Combs, Goldie Manley, Nabob of Florida, Inc., Fred G. Shaller & Company, Inc., Joseph Ellis, Albert S. Ellis, Jr., Rena Wallace, Palm Island Investments Corporation, Mr. and Mrs. Robert Marks, Dr. James Mark Shevitski, Anthony Linguanti, C. Guy and Deborah Batsel and Steven C. Bush.Rule 10CER85-9 is found invalid because no danger to public was existent; Relief from 10C-25.6 is denied.

Andrew Scott Grayson