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Benjamin Waldrop Hardin, Jr.
Benjamin Waldrop Hardin, Jr.
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Bar #500763(FL)     License for 39 years; Member in Good Standing
Lakeland FL

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05-002606  LAKE REGION AUDUBON SOCIETY vs SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT AND SPANISH OAKS OF CENTRAL FLORIDA L.L.C.  (2005)
Division of Administrative Hearings, Florida Filed: Jul. 20, 2005
The issues in this case are: whether the Petitioner, Lake Region Audubon Society (LRAS), a not-for-profit corporation, has filed a petition challenging the issuance of Environmental Resource Permit (ERP) No. 44025789.001 to Spanish Oaks of Central Florida, L.C.C. (Spanish Oaks); whether LRAS has standing to challenge the ERP; whether the Southwest Florida Water Management District (District, or SWFWMD) should issue the ERP to Spanish Oaks; and whether Spanish Oaks should be awarded attorney's fees and costs.Not-for-profit had standing under Subsection 403.412(6), Florida Statutes, and filings were not ultra vires; but the Environmental Resource Permit criteria for dry detention ponds were met, despite sinkhole allegations.
05-004644F  SPANISH OAKS OF CENTRAL FLORIDA, LLC vs LAKE REGION AUDUBON SOCIETY, INC.  (2005)
Division of Administrative Hearings, Florida Filed: Dec. 20, 2005
The issue in this case is whether sanctions, including attorney's fees and costs, should be assessed against Respondent, the Lake Region Audubon Society, Inc. (LRAS), and awarded to Petitioner, Spanish Oaks of Central Florida, LLC (Spanish Oaks), under Sections 57.105, 120.569(2)(e), and 120.595(1), Florida Statutes,1 after LRAS unsuccessfully challenged the Southwest Florida Water Management District's (SWFWMD's) issuance of Environmental Resource Permit (ERP) Number 44025789.001 to Spanish Oaks.The grounds for sanctions under Sections 57.105, 120.569(2)(e), and 120.595(1), Florida Statutes, were not proven after the failed challenge to the Environmental Resource Permit.

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