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Kelly A. Cook
Kelly A. Cook
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Bar #108208(FL)     License for 11 years; Member in Good Standing
Trinity FL

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84-003422  A. B. COOK, JR., SEAFOOD COMPANY vs. FERNANDINA MARINE TERMINAL, INC., AND DEPARTMENT OF ENVIRONMENTAL REGULATION  (1984)
Division of Administrative Hearings, Florida Latest Update: Mar. 16, 1985
Whether the application of Respondent Fernandina Marine Terminal, Inc. for a permit/water quality certification under Chapters 253 and 403, Florida Statutes, and Public Law 92-500, to perform dredge and fill activities in the Amelia River should be approved. Petitioners appeared at the hearing unaccompanied by legal counsel. The Hearing Officer thereupon explained their rights and the procedures to be followed in the administrative hearing. They acknowledged that they understood their rights and elected to represent themselves. Petitioners presented the testimony of Mrs. A. B. Cook, Jr., Captain Earl Cook, Captain Clifton Little, and submitted one exhibit in evidence. The applicants presented the testimony of Lake Ray, Jr., Captain Benjamin B. Thompson, Captain Oliver R. Ferguson, Bill Johnson, Captain William H. Cavanaugh, and submitted four exhibits in evidence. The Department of Environmental Regulation presented the testimony of Timothy Deuerling, Dr. Marvin Collins, III, and submitted three exhibits in evidence. At the commencement of the hearing, the parties stipulated that the only matter in issue in this proceeding is the question of whether or not the construction of a proposed dock by the applicants would constitute a navigational hazard. A proposed recommended order was filed by the Department of Environmental Regulation. All matters therein have been ruled on directly or indirectly herein, except where proposed findings of fact have been rejected as subordinate, cumulative, immaterial or unnecessary. A post-hearing letter from Petitioner has been considered, but additional unauthorized exhibits attached thereto have been disregarded.Though dock will have an effect on adjacent properties, it constitutes a reasonable use of the property and should be built.

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