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Barton William Smith
Barton William Smith
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Bar #20169(FL)     License for 19 years; Member in Good Standing
Key West FL

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16-001345GM  GREG DANIELS AND MICHAEL BELLOWS vs MONROE COUNTY  (2016)
Division of Administrative Hearings, Florida Filed: Mar. 10, 2016
Whether Amendment 15-1ACSC to the Monroe County Comprehensive Plan, adopted by Ordinances 003-2016 and 004-2016 on February 10, 2016, is “in compliance,” as that term is defined in section 163.3184(1)(b), Florida Statutes (2015).1/Petitioners failed to prove beyond fair debate that the plan amendment was either internally inconsistent with the comprehensive plan, or inconsistent with the principles for guiding development.
16-001349GM  MICHAEL BELLOWS vs MONROE COUNTY PLANNING COMMISSION  (2016)
Division of Administrative Hearings, Florida Filed: Mar. 09, 2016
Whether Amendment 15-1ACSC to the Monroe County Comprehensive Plan, adopted by Ordinances 003-2016 and 004-2016 on February 10, 2016, is “in compliance,” as that term is defined in section 163.3184(1)(b), Florida Statutes (2015).1/Petitioners failed to prove beyond fair debate that the plan amendment was either internally inconsistent with the comprehensive plan, or inconsistent with the principles for guiding development.
14-005302  LAST STAND (PROTECT KEY WEST AND THE FLORIDA KEYS, D/B/A LAST STAND), AND GEORGE HALLORAN vs KW RESORT UTILITIES CORP. AND STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION  (2014)
Division of Administrative Hearings, Florida Filed: Nov. 13, 2014
The issue in this case is whether Respondent KW Resort Utilities Corp. ("KWRU") is entitled to issuance, by Respondent Department of Environmental Protection ("DEP"), of Domestic Wastewater Facility Permit FLA014951-012-DWIP and UIC Permits 18490-020 and 18490-021 (collectively, the "Permit at Issue"), authorizing the major modification of KWRU's existing permit to operate a domestic wastewater facility located at 6630 Front Street, Stock Island, Florida 33040. The Permit at Issue would authorize the expansion of KWRU's existing domestic wastewater facility and the installation of two additional underground injection wells.Petitioners did not prove, by a preponderance of the evidence, that Respondent failed to provide reasonable assurance entitling it to issuance of the challenged permit. Recommend issuance of the permit.
12-003047  SUNSET MARINA RESIDENCES OF KEY WEST CONDOMINIUM ASSOCIATION, INC. vs CITY OF KEY WEST AND DEPARTMENT OF ECONOMIC OPPORTUNITY  (2012)
Division of Administrative Hearings, Florida Filed: Sep. 18, 2012
The issues to be determined in this case are whether the land development regulations (LDRs) adopted by the City of Key West in Ordinance No. 12-16 are consistent with the City of Key West Comprehensive Plan and the Principles for Guiding Development for the City of Key West Area of Critical State Concern, and whether Final Order No. DEO-12-109 of the Department of Economic Opportunity ("DEO"), which approved the LDRs, is valid.Department of Economic Opportunity demonstrated that the proposed City of Key West land development regulations are consistent with the Comprehensive Plan and the principles for guiding development for the City of Key West Area of Critical State Concern.

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