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Carl Linn Kitchner
Carl Linn Kitchner
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Bar #97993(FL)     License for 28 years; Member in Good Standing
Fort Lauderdale FL

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98-000449GM  ROBERT J. STARR, BETTY L. BRENNEMAN, AND SUZANNE NEYLAND vs CHARLOTTE COUNTY AND DEPARTMENT OF COMMUNITY AFFAIRS  (1998)
Division of Administrative Hearings, Florida Filed: Jan. 26, 1998
The issue is whether, to the exclusion of fair debate, specific provisions of the Charlotte County comprehensive plan are not in compliance with certain requirements of Chapter 163, Part II, Florida Statutes, and Chapter 9J-5, Florida Administrative Code.Plan is not in compliance due to a provision regulating a mandated connection to central water on a bridgeless barrier island, which is unsupported by data and analysis, and is internally inconsistent with plan provisions discouraging urban sprawl.
98-000701GM  JOHN G. COLUMBIA, DANIEL R. FLETCHER, EUGENE J. HALUSCHAK, AND JOHN L. HARMON vs DEPARTMENT OF COMMUNITY AFFAIRS AND CHARLOTTE COUNTY  (1998)
Division of Administrative Hearings, Florida Filed: Feb. 09, 1998
The issue is whether, to the exclusion of fair debate, specific provisions of the Charlotte County comprehensive plan are not in compliance with certain requirements of Chapter 163, Part II, Florida Statutes, and Chapter 9J-5, Florida Administrative Code.Plan is not in compliance due to a provision regulating a mandated connection to central water on a bridgeless barrier island, which is unsupported by data and analysis, and is internally inconsistent with plan provisions discouraging urban sprawl.
98-000702GM  RHONDA JORDAN vs CHARLOTTE COUNTY AND DEPARTMENT OF COMMUNITY AFFAIRS  (1998)
Division of Administrative Hearings, Florida Filed: Feb. 09, 1998
The issue is whether, to the exclusion of fair debate, specific provisions of the Charlotte County comprehensive plan are not in compliance with certain requirements of Chapter 163, Part II, Florida Statutes, and Chapter 9J-5, Florida Administrative Code.Plan is not in compliance due to a provision regulating a mandated connection to central water on a bridgeless barrier island, which is unsupported by data and analysis, and is internally inconsistent with plan provisions discouraging urban sprawl.
98-001634GM  EUGENE PLUMMER vs CHARLOTTE COUNTY AND DEPARTMENT OF COMMUNITY AFFAIRS  (1998)
Division of Administrative Hearings, Florida Filed: Apr. 08, 1998
The issue is whether, to the exclusion of fair debate, specific provisions of the Charlotte County comprehensive plan are not in compliance with certain requirements of Chapter 163, Part II, Florida Statutes, and Chapter 9J-5, Florida Administrative Code.Plan is not in compliance due to a provision regulating a mandated connection to central water on a bridgeless barrier island, which is unsupported by data and analysis, and is internally inconsistent with plan provisions discouraging urban sprawl.
97-005053DRI  DEPARTMENT OF COMMUNITY AFFAIRS vs CHARLOTTE COUNTY, MRP LAND TRUST AND RIVERWOOD LAND DEVELOPMENT COMPANY LIMITED PARTNERSHIP  (1997)
Division of Administrative Hearings, Florida Filed: Oct. 30, 1997
The issue presented for decision in this case is whether Charlotte County Resolution Number 97-0870A0 (titled “A Resolution Amending Resolution #90-286, the Increment One DO for Riverwood DRI, as Amended by Resolutions #91-268, 92-07, 93-21, 94-38 and 95-190; Finding That This Amendment Does Not Constitute a Substantial Deviation; and Providing for an Effective Date”) and Charlotte County Resolution Number 97-0860A0 (titled “A Resolution Amending Resolution #90-285, the Master DO for Riverwood DRI, as Amended by Resolution #91-267; Finding That This Amendment Does Not Constitute a Substantial Deviation; and Providing for an Effective Date”)(collectively referred to herein as “the Resolutions”) are consistent with Chapter 380, Florida Statutes; Rule 9J-2, Florida Administrative Code; the State Comprehensive Plan; the State Land Development Plan; and the Riverwood Master Development Order, as amended.County resolutions approved noticed of proposed change to existing DRI as not a substantial deviation. DCA appeals arguing that abandonment of bald eagle nest did not change property bald eagle habitat status. Finding for DCA; insuff. wildlife survey.

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