Martin FL Appeals, Family and Land use and zoning Lawyers

13-003397GM MIDBROOK 1ST REALTY CORPORATION vs MARTIN COUNTY (2013)

Division of Administrative Hearings, Florida Filed: Sep. 12, 2013

Whether Martin County Comprehensive Plan Amendment 13-5, adopted by Ordinance 938 on August 13, 2013, as amended by Ordinance 957 on July 8, 2014, is “in compliance,” as that term is defined in section 163.3184(1)(b), Florida Statutes (2014).1/Plan Amendment is not "in compliance" where the methodology used to calculate demand and supply of residential housing was neither based on data and analysis nor professionally acceptable.

14-000135GM MIDBROOK 1ST REALTY CORP. vs MARTIN COUNTY (2014)

Division of Administrative Hearings, Florida Filed: Jan. 10, 2014

Plan Amendment is not "in compliance" where the methodology used to calculate demand and supply of residential housing was neither based on data and analysis nor professionally acceptable.

13-000465 DIANE HASKETT AND BRYAN FLEMING vs THOMAS ROSATI AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (2013)

Division of Administrative Hearings, Florida Filed: Feb. 06, 2013

The issues to be determined in this case are whether Respondent Thomas Rosati is entitled to the Noticed General Permit and the Letter of Consent to use sovereignty submerged Lands issued by the Department of Environmental Protection ("Department"), which authorize the replacement of an existing private dock with a new private dock in the St. Lucie River in Martin County, Florida.Petition for hearing was timely to challenge the Letter of Consent because newspaper notice only mentioned the Noticed General Permit. Letter of Consent did not comply with the rules of the Board of Trustees because dock impairs navigation in the area.

11-002016 JOE BURGESS AND THOMAS FULLMAN vs MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (2011)

Division of Administrative Hearings, Florida Filed: Apr. 19, 2011

Whether the petition that initiated this case was timely as to Petitioner Fullman? If so, whether Petitioner Fullman has standing? Whether Petitioner Burgess has standing? Whether the record demonstrates reasonable assurances for approval of Martin County's application for a Consolidated Environmental Resource Permit and Sovereign Submerged Lands Lease to construct and operate a public mooring field in the Jensen Beach to Jupiter Inlet Aquatic Preserve and to construct and operate a "dinghy" dock immediately south of the Jensen Beach Causeway to support the mooring field?Martin County provided reasonable assurance that a Mooring Field and Dingy Dock in a Aquatic Preserve in the Indian River Lagoon meets statutory and rule criteria for an ERP and a soverengty submerged lands lease.

10-010007GM 1000 FRIENDS OF FLORIDA, INC., MARTIN COUNTY CONSERVATION ALLIANCE, INC., AND DONNA S. MELZER vs MARTIN COUNTY AND DEPARTMENT OF COMMUNITY AFFAIRS (2010)

Division of Administrative Hearings, Florida Filed: Nov. 02, 2010

The issue is whether plan amendments CPA 10-4 and CPA 10-5 adopted by Martin County (County) by Ordinance Nos. 881 and 882 on August 10, 2010, are in compliance.Plan amendments determined to be in compliance; utility services need only be planned or programmed, and not in place, in order to approve amendments.

07-005422GM THE JENSEN BEACH GROUP, INC.; ANTHONY J. PARKINSON, MICHAEL CILURSO; CINDY AND DAVID BULK; CAMDEN GRIFFIN, GLENDA BURGESS; JOSEPH BURGESS; THOMAS FULLMAN; MARGUERITE HESS; HENRY COPELAND; AND JACQUELINE TRANCYNGER vs MARTIN COUNTY AND DEPARTMENT OF COMMUNITY AFFAIRS (2007)

Division of Administrative Hearings, Florida Filed: Nov. 29, 2007

The issue in this case is whether Amendment 06-19 to the Martin County Comprehensive Plan (the Plan), adopted by Ordinance 757 on August 7, 2007, is "in compliance," as defined in Section 163.3184(1)(b), Florida Statutes (2007)1.Petitioners did not prove beyond fair debate that Future Land Use Map change was inconsistent with affordable housing requirements.

06-002842 ANTHONY PARKINSON, MICHAEL CILURSO AND THOMAS FULLMAN vs REILY ENTERPRISES, LLC AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (2006)

Division of Administrative Hearings, Florida Filed: Aug. 07, 2006

The issue is whether the Department should issue Environmental Resource Permit and Sovereign Submerged Lands Authorization No. 43-0197751-003 to Reily.DEP properly reviewed the seawall permit under the Operating Agreement with the water management district. Petitioners do not have standing to challenge the permit. If they did, it should be denied, as impacts to possible wetlands were not assessed.

00-003853 JAMES W. SLUSHER, JR. vs MARTIN COUNTY AND SOUTH FLORIDA WATER MANAGEMENT DISTRICT (2000)

Division of Administrative Hearings, Florida Filed: Sep. 15, 2000

The issues presented for decision in this case are: whether Martin County should be granted the re-issuance of Water Use Permit No. 43-00752W for the Tropical Farms Water Treatment Plant and associated wells; and (2) whether Martin County should be granted Water Well Construction Permit No. SF032696B for the construction of Well No. 10 of the Tropical Farms Water Treatment Plant, pursuant to the permitting criteria of Chapter 373, Parts II and III, Florida Statutes; Chapters 40E-2 and 40E-3, Florida Administrative Code; and the Basis for Review for Water Use Permit Applications of the South Florida Water Management District.Applicant for well construction permit and consumptive use permit showed "reasonable assurances" warranting issuance of permits.

99-004554GM HOBE SOUND CITIZENS ALLIANCE, INC., AND MARY A. MERRILL vs MARTIN COUNTY (1999)

Division of Administrative Hearings, Florida Filed: Oct. 28, 1999

The issue in this case is whether an amendment to the future land use map of the Martin County comprehensive plan, Amendment No. 98-3, is "in compliance" as those terms are defined in Section 163.3184(1)(b), Florida Statutes (2000).Petitioners proved that land use map reclassification from institutional to residential use was not in compliance as defined in Section 163.3184(1)(b), Florida Statutes.

99-000289 HOWARD VOGEL AND EUGENIA VOGEL vs GEORGE WENTWORTH AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (1999)

Division of Administrative Hearings, Florida Filed: Jan. 21, 1999

The issue presented is whether Respondent George Wentworth is entitled to a noticed general permit and consent to use sovereign submerged lands for a dock and boathouse.Dock and boathouse in an aquatic preserve did not meet the criteria for a noticed general permit and consent to use sovereign submerged lands without changes to its design.

Howard Kenneth Heims