Division of Administrative Hearings, Florida
Latest Update: May 09, 1989
At issue in this proceeding is whether Monroe County's construction of a road on Big Pine Key, Monroe County, Florida, is contrary to the provisions of Chapter 380, Florida Statutes. At hearing, petitioner called as witnesses: William Becker; Kurtis Kruer; Thomas Wilmers, accepted as an expert in wildlife management and wildlife biology, specializing in the Key Deer; George Garrett; Deborah Holle, accepted as an expert in wildlife management and wildlife biology, specializing in the Key Deer; Maria Abadal, accepted as an expert planner, with emphasis on the administration of the Florida Area of Critical State Concern program; and William Tipton, accepted as an expert in transportation planning and transportation engineering. Petitioner's exhibits 1-7, 8a-8i, 9-12, 13a-13c, 14 and 15 were received into evidence. Respondent called as witnesses: Robert Harris, accepted as an expert in land surveying and road maintenance; Eugene Lytton, Sr.; Charles Pierce; John Chaffee; Andrew Earl Hanson; David Giggs; and William Becker. Respondent's exhibits 1-8 were received into evidence.County's construction materially altered use and appearance of road and therefore not maintenance-act thus contrary to land use plan for lack of permit.
