Leon FL Administrative law, Appeals and Government Lawyers

17-000666 KANTER REAL ESTATE, LLC vs DEPARTMENT OF ENVIRONMENTAL PROTECTION (2017)

Division of Administrative Hearings, Florida Filed: Jan. 31, 2017

The issue to be determined is whether the applicant, Kanter Real Estate, LLC (Kanter), is entitled to issuance of an Oil and Gas Drilling Permit, No. OG 1366 (the Permit).Petitioner demonstrated that it met the criteria for an exploratory oil well established in section 377.241. The permit should be issued.

17-000667 KANTER REAL ESTATE, LLC vs DEPARTMENT OF ENVIRONMENTAL PROTECTION (2017)

Division of Administrative Hearings, Florida Filed: Jan. 31, 2017

The issue to be determined is whether the applicant, Kanter Real Estate, LLC (Kanter), is entitled to issuance of an Oil and Gas Drilling Permit, No. OG 1366 (the Permit).Petitioner demonstrated that it met the criteria for an exploratory oil well established in section 377.241. The permit should be issued.

16-006889RP ASSOCIATED INDUSTRIES OF FLORIDA, INC.; FLORIDA FARM BUREAU FEDERATION; FLORIDA RETAIL FEDERATION, INC.; FLORIDA TRUCKING ASSOCIATION, INC.; AND NATIONAL FEDERATION OF INDEPENDENT BUSINESS, INC. vs DEPARTMENT OF ENVIRONMENTAL PROTECTION (2016)

Division of Administrative Hearings, Florida Filed: Nov. 18, 2016

The issue to be determined in this case is whether proposed Florida Administrative Code Rule 62-4.161 of the Department of Environmental Protection (“DEP”) is an invalid exercise of delegated legislative authority.The proposed rule is invalid because the agency failed to follow rulemaking requirements, there is no statutory authority for the rule, it enlarges the law implemented, and it imposes invalid regulatory costs.

2D08-1723 Pereira v. KASH N'KARRY FOOD STORES (2008)

District Court of Appeal of Florida Filed: Aug. 12, 2008 Citations: 987 So. 2d 1220

987 So. 2d 1220 (2008) PEREIRA v. KASH N' KARRY FOOD STORES. No. 2D08-1723. District Court of Appeal of Florida, Second District. August 12, 2008. Decision without published opinion. App.dismissed.

KK-100 COUCH CONST. CO., INC. v. Department of Transp. (1978)

District Court of Appeal of Florida Filed: Jun. 16, 1978 Citations: 361 So. 2d 184

361 So. 2d 184 (1978) COUCH CONSTRUCTION COMPANY, INC., Petitioner, v. DEPARTMENT OF TRANSPORTATION, State of Florida, Respondent, and White Construction Company, Inc., Intervenor. No. KK-100. District Court of Appeal of Florida, First District. June 16, 1978. Rehearing Denied June 26, 1978. *185 Robert R. Feagin, III, F. Alan Cummings and John Radey of Holland & Knight, Tallahassee, for petitioner. H. Reynolds Sampson, Tallahassee, for respondent. John S. Rawls and Elaine N. Duggar, Tallahassee,..

3D05-2612 Charles v. State (2005)

District Court of Appeal of Florida Filed: Dec. 21, 2005 Citations: 917 So. 2d 200

917 So. 2d 200 (2005) CHARLES v. STATE. No. 3D05-2612. District Court of Appeal of Florida, Third District. December 21, 2005. Decision without published opinion. Affirmed.

03-9064 Duane Reade Inc., Plaintiff-Counter-Defendant-Appellee v. St. Paul Fire and Marine Insurance Company, Defendant-Counter-Claimant-Appellant (2005)

Court of Appeals for the Second Circuit Filed: Jun. 22, 2005 Citations: 411 F.3d 384

411 F.3d 384 DUANE READE INC., Plaintiff-Counter-Defendant-Appellee, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Defendant-Counter-Claimant-Appellant. Docket No. 03-9064. United States Court of Appeals, Second Circuit. Argued June 14, 2004. Decided June 22, 2005. COPYRIGHT MATERIAL OMITTED Charles Fried (Shaw Pittman LLP, Lon A. Berk, Edward J. Grass, Charles A. Cowan, and Stephanie P. Manson, McLean, VA, on the brief), Cambridge, MA, for Appellant. James W.B. Benkard, Davis Polk & Wardwell (C..

15-000576 PELICAN ISLAND AUDUBON SOCIETY, GARRETT BEWKES, NED SHERWOOD, ORIN R. SMITH, STEPHANIE SMITH, AND CAROLYN STUTT vs OCULINA BANK CORPORATION AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (2015)

Division of Administrative Hearings, Florida Filed: Feb. 03, 2015

The issue to be determined in this case is whether Respondent Oculina Bank is entitled to a Consolidated Environmental Resource Permit and Sovereign Submerged Lands Authorization to construct three single-family homes, an access drive, surface water management system, and three single-family docks in Indian River County.The applicant is entitled to the Consolidated Environmental Resource Permit and Sovereign Submerged Lands Authorization if the proposed project is modified as recommended.

14-001420RU PAUL STILL vs SUWANNEE RIVER WATER MANAGEMENT DISTRICT (2014)

Division of Administrative Hearings, Florida Filed: Mar. 25, 2014

The issues to be determined in this case are whether proposed Florida Administrative Code Rules 62-42.100, 62-42.200, 62-42.300, and a document incorporated by reference (“the Proposed Rules”) are invalid exercises of delegated legislative authority; whether the Department of Environmental Protection (“DEP”) complied with statutory requirements regarding preparation of a statement of estimated regulatory costs (“SERC”) for the Proposed Rules; and whether the approval by the Governing Board of the Suwannee River Water Management District (“SRWMD”) of a document entitled “Recovery Strategy: Lower Santa Fe River Basin” (“Recovery Strategy”) is invalid because it required rulemaking.It is concluded that proposed rules 62-42.100, 62-42.200, and the Supplemental Regulatory Measures incorporated by reference in rule 62.-42.300(1)(d) are valid, but proposed rules 62-42.300(1)(a) and (b) are invalid because they are vague.

14-001421RP PAUL STILL vs SUWANNEE RIVER WATER MANAGEMENT DISTRICT AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (2014)

Division of Administrative Hearings, Florida Filed: Mar. 24, 2014

The issues to be determined in this case are whether proposed Florida Administrative Code Rules 62-42.100, 62-42.200, 62-42.300, and a document incorporated by reference (“the Proposed Rules”) are invalid exercises of delegated legislative authority; whether the Department of Environmental Protection (“DEP”) complied with statutory requirements regarding preparation of a statement of estimated regulatory costs (“SERC”) for the Proposed Rules; and whether the approval by the Governing Board of the Suwannee River Water Management District (“SRWMD”) of a document entitled “Recovery Strategy: Lower Santa Fe River Basin” (“Recovery Strategy”) is invalid because it required rulemaking.It is concluded that proposed rules 62-42.100, 62-42.200, and the Supplemental Regulatory Measures incorporated by reference in rule 62.-42.300(1)(d) are valid, but proposed rules 62-42.300(1)(a) and (b) are invalid because they are vague.

Jeffrey Brown