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M. B. Adelson IV
M. B. Adelson IV
Visitors: 80
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Bar #694215(FL)     License for 38 years; Member in Good Standing
Tallahassee FL

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94-002578  SYKES VIEW HOMEOWNERS ASSOCIATION AND GENE R. SMITH vs DEPARTMENT OF ENVIRONMENTAL PROTECTION, F/K/A DEPARTMENT OF NATURAL RESOURCES  (1994)
Division of Administrative Hearings, Florida Filed: May 06, 1994
Whether petitioners were required to obtain consent or authorization from Respondent to occupy and use sovereign submerged lands for the dock at issue herein; Whether petitioners obtained agency consent or authorization to occupy and use sovereign submerged lands; Whether petitioners are entitled to consent or authorization to occupy and use sovereign submerged lands after-the-fact; and If entitled, what terms and conditions should apply or be imposed incident to granting after-the-fact authorization to occupy and use sovereign submerged lands.Waiver of criteria appropriate where 220 ft. dock is needed for boating access and extraordinary circumstances exist. Permit for a single family dock
90-002636DRI  WESTINGHOUSE GATEWAY COMMUNITIES, INC. vs LEE COUNTY  (1990)
Division of Administrative Hearings, Florida Filed: Apr. 30, 1990
The issue is whether the application of Westinghouse Gateway Communities, Inc. for approval of the Area Master Plan 2 in the Gateway Development of Regional Impact in Lee County, Florida should be approved, approved with conditions, or denied.Development not vested; determination of proportionate share contribution made.
92-001888RP  STUART YACHT CLUB AND MARINA, INC. vs DEPARTMENT OF NATURAL RESOURCES  (1992)
Division of Administrative Hearings, Florida Filed: Mar. 26, 1992
At issue in this proceeding is whether respondent's proposed rules 16N- 16.009(3), 16.028, 16.032, 16.033, and 16.034, constitute an invalid exercise of delegated legislative authority.Agency interpretation of statute entitled to deference. Agency failure to comply with procedural requirements relating to small businesses not harmful
92-000534  DOUGLAS CRIST AND THE CITY OF PUNTA GORDA vs BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND  (1992)
Division of Administrative Hearings, Florida Filed: Jan. 29, 1992
Whether Petitioner's proposed dredging from the mouth of Snook Inlet to the Bass Inlet navigation channel comes within the exception provided for in Section 258.42 (3)(a)2. or 4., Florida Statutes, and, if so, should Petitioner be granted an easement over sovereign submerged lands to conduct such proposed dredging.If applicant qualifies for exception to general prohibition to dredging in an aquatic preserve and project is in public interest, BTIIT may grant casement.
90-006418RP  STANLEY L. BECKER, LAMAR LOUISE CURRY, AND WILLIAM CULLEN vs ADMINISTRATION COMMISSION AND DEPARTMENT OF COMMUNITY AFFAIRS  (1990)
Division of Administrative Hearings, Florida Filed: Oct. 11, 1990
The central issue in this case is whether the Administration Commission's proposed amendment to the boundary of the Florida Keys Area of Critical State Concern, Rule 28-29.002, Florida Administrative Code, is an invalid exercise of delegated legislative authority. There are related issues concerning the standing of the Petitioners and concerning whether the subject rule, due to its special character as a rule which must be submitted for legislative review, is properly the subject of a rule challenge proceeding.Proposed rules changing the boundary of the Florida Keys Area of Critical State Concern is invalid; two Petitioners dismissed for lack of standing.

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