Leon FL Lawyers | John William Costigan -- eLawyers

99-005303RP DAY CRUISE ASSOCIATION, INC. vs BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND (1999)

Division of Administrative Hearings, Florida Filed: Dec. 16, 1999

The Board of Tustees exceeded its statutory authority by proposing a rule which prohibited cruises to nowhere, contrary to the plain language of the statute sought to be implemented.

96-004222 FLORIDA WILDLIFE FEDERATION, INC.; SIERRA CLUB, FLORIDA CHAPTER; AND FLORIDA AUDUBON SOCIETY, INC. vs COASTAL PETROLEUM COMPANY AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (1996)

Division of Administrative Hearings, Florida Filed: Sep. 06, 1996

The issues in these consolidated cases are whether Coastal Petroleum Company is entitled to an oil and gas exploration permit (Permit no. 1281) and, if so, what conditions should attach, including a reasonable surety amount.Appl for single drilling permit in FL Coastal waters meets the 3 criteria of 377.241, FS. A reasonable surety is based, not on worst spill in history, but on careful competent analysis of site-specific and related data and a proven, accepted regul model

93-005964 MARCEL P. VENTURA AND J AND M FLOYD, INC., D/B/A JIM'S BIKE AND SCOOTER RENTALS vs LEE COUNTY AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (1993)

Division of Administrative Hearings, Florida Filed: Oct. 20, 1993

The issue is whether Lee County is entitled to a permit to install markers prohibiting personal watercraft in certain waters.DEP not required to review legality or fairness of ordinance on which request for markers is based.

94-001151 BIG BLUE SPRINGS PROPERTY OWNERS' ASSOCIATION, INC. vs BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND (1994)

Division of Administrative Hearings, Florida Filed: Mar. 02, 1994

Based upon an initial stipulation of the parties, the following narrow issue was presented to the hearing officer upon a motion for a summary finding of fact: Whether the Petitioner was authorized to fill the breach in the dike at the time, in the place, and in the manner it was filled? Based the hearing officer's finding to the issue presented above, the parties entered into a further stipulation which resolved the existing conflict between the parties.Pet who rec'd authorization from DNR, DEP & Corp of Engineers, had authority to repair dike in the place, at the time & in the manner it was repaired.

92-001041RX IAN KOBLICK AND TONYA KOBLICK vs DEPARTMENT OF NATURAL RESOURCES (1992)

Division of Administrative Hearings, Florida Filed: Feb. 19, 1992

At issue in this proceeding is whether respondent's Rule 16D-2.011(3), constitutes an invalid exercise of delegated legislative authority.Rule prohibiting construction in John Pennekamp State Park not violative of any common law riparian right to wharf out.

92-000551 IAN KOBLICK AND TONYA KOBLICK vs DEPARTMENT OF NATURAL RESOURCES (1992)

Division of Administrative Hearings, Florida Filed: Jan. 28, 1992

At issue in this proceeding is whether petitioners' application for consent to construct a private dock within John Pennekamp Coral Reef State Park should be approved.Department of Natural Resource's denial of consent of use to construct dock in penekamp park where construction contry to division of parks rules sustained.

91-003770 JOHN ARMENIA vs BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND (1991)

Division of Administrative Hearings, Florida Filed: Jun. 19, 1991

The issues in this proceeding concern whether a site, which the Petitioner proposes to develop by installing an elevated timber bridge across Clam Bayou on Sanibel Island, is within the Pine Island Sound Aquatic Preserve ("preserve") established in 1970 by resolution of the Respondent, Board of Trustees of the Internal Improvement Trust Fund ("Board"). The Petitioner also contends, in Case No. 91-3249R, consolidated for hearing with Case No. 91-3770, that a statement contained in a DNR letter of April 2, 1991 and ratified by later action of the Board, constitutes an unpromulgated rule, by virtue of being an amendment to the existing rule describing the limits of the subject preserve, and thus is an invalid exercise of delegated legislative authority.Law favors interpret of legal description which gives effect to all its words. also look to intent of grantor and survey principles ests by expert

91-003249RU JOHN ARMENIA vs DEPARTMENT OF NATURAL RESOURCES (1991)

Division of Administrative Hearings, Florida Filed: May 24, 1991

The issue to be resolved in this proceeding concerns whether a statement promulgated by an employee or representative of the Respondent, Department of Natural Resources ("DNR"), by letter of April 2, 1991, and the later adoption or ratification of that opinion by the Respondent, Board of Trustees of the Internal Improvement Trust Fund ("Board"), by resolution of June 12, 1991, constitutes an unpromulgated rule or amendment of a rule and thus whether it is an invalid exercise of delegated legislative authority.Letter expressing opinion regarding aquatic preserves boundary not a statement of general applicability or unprom rule, just official's opinion on rule.

John William Costigan