Petitioner: AHMED THALJI
Respondent: SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT AND H.B.J. INVESTMENTS
Judges: ROBERT E. MEALE
Agency: Water Management Districts
Locations: Tampa, Florida
Filed: May 08, 2000
Status: Closed
DOAH Final Order on Friday, October 27, 2000.
Latest Update: Oct. 27, 2000
Summary: No Attorneys` Fees Because SWFWMD was substantially justified in tentatively issuing the permit.
Division of Administrative Hearing:
WU Ws
RE THE GOVERNING BOARD OF THe
ST FLORIDA WATER MANAGEMENT DISTRICT
ORDER NO. SWF-00-4
AHMAD THALJI, . O67 Y fb a
Petitioner,
vs. DOAH Case No. 99-1919
ERP No. 4618767.00
SOUTHWEST FLORIDA WATER
MANAGEMENT DISTRICT and
H.B.J. INVESTMENTS, INC.,
Ftespondents.
FINAL ORDER
THIS CAJSE was heard by the Governing Board of the Southwest Florida Water
Management District (the District) pursuant to Section 120.569 and 120.57(1), Florida
Statutes (F.S.), for the purposes of (a) considering the Recommended Order of
Administrative Law Judge Robert E. Meale entered in Division of Administrative Hearings
Case No. 99-1919, and (b) consequently issuing a Final Order in the case. In the
Recommended Order, the judge described the issue before him as “whether Respondent
HBJ Investments, Inc. [HBJ] is entitled to an environmental Fesource permit [ERP] to
facilitate the construction of the Betty Jones Spa on property adjacent to.property owned
by Petitioner.”
Judge Meale issued the Recommended Order, a copy of which is attached hereto
as Exhibit "A," o1 December 23, 1999. According to Section 120.57(1)(k), F.S., and Rule
28-106.217, Florida Administrative Code, all parties involved in Case No. 99-1919 were
entitled to submit exceptions to the judge’s Recommended Order within fifteen (15) days of
the date the Recommended Order was issued. However, no exceptions were submitted.
Upon reviewing the Recommended Order and the accompanying memorandum
provided by District staff, the Governing Board hereby accepts the judge's
Recommendation, as set forth in the Recommended Order, that HBJ’s application for ERP
No. 4618767.0) be denied.
WHEREFORE, the Governing Board hereby orders that Environmental Resource
Permit No. 4618767.00 be denied. A copy of the proposed ERP No. 4618767.00 is
attached hereto as Exhibit “B.”
‘DONE ¢nd-ORDERED py the Governing Board of the Southwest Florida Water
Management District thisd2. day of February, 2000, in Brooksville, Hernando County,
Florida.
Approved-as to Legal Form and Content
Attomey
Copies furnished to:
John Thomas, |=sq.
Wyckoff & Thornas, P.A.
233 Third Street North, Suite 102
St. Petersburg, FL 33701
Michael Jacobs, Esq./Harvey Ford, Esq.
HBS Investments, Inc.
25 Second Street Noxth, Suite 160
St. Petersburg, FL 33701
File of Record
Anthony J. Mutchier, Esq
Southwest Florida
Water Man ent District
2379 Broad Street
Brooksville, FL 34609
Docket for Case No: 00-001946F
Issue Date |
Proceedings |
Oct. 27, 2000 |
Summary Final Order issued. CASE CLOSED.
|
Oct. 25, 2000 |
Response to Motion for Summary Final Order (filed by Petitioner via facsimile).
|
Oct. 20, 2000 |
Respondent, Southwest Florida Water management District, Responses to Petitioner`s Request for Production (filed via facsimile). |
Oct. 20, 2000 |
Respondent, Southwest Florida Water Management District, Responses to Petitioner`s Request for Admissions (filed via facsimile). |
Oct. 20, 2000 |
Respondent`s Southwest Florida Water Management District, Notice of Serivce of Amended Answers to Petitioner`s Interrogatories (filed via facsimile). |
Oct. 19, 2000 |
Respondent, Southwest Florida Water Management District`s, Notice of Filing Corrected Page 3 to Motion for Summary Final Order (filed via facsimile).
|
Oct. 18, 2000 |
Motion for Summary Final Order (filed by Respondent via facsimile).
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Oct. 18, 2000 |
Respondent, Southwest Florida Water Management District, Responses to Petitioner`s Request for Production (filed via facsimile).
|
Oct. 18, 2000 |
Respondent, Southwest Florida Water Management District, Responses to Petitioner`s Request for Admissions (filed via facsimile).
|
Oct. 18, 2000 |
Respondent`s Southwest Florida Water Management District, Notice of Service of Amended Answers to Petitioner`s Interrogatories (filed via facsimile).
|
Oct. 17, 2000 |
Order Granting Motion to Compel issued.
|
Oct. 05, 2000 |
Respondent, Southwest Florida Water Management District, Responses to Petitioner`s Request for Admissions filed.
|
Oct. 05, 2000 |
Petitioner`s Request for Admissions filed.
|
Oct. 05, 2000 |
Motion to Compel Discovery filed by Petitioner.
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Oct. 03, 2000 |
Respondent, Southwest Florida Water Management District, Notice of Service of Answers to Petitioner`s Interrogatories filed.
|
Oct. 03, 2000 |
Respondent, Southwest Florida Water Management District, Responses to Petitioner`s Request for Production filed.
|
Oct. 03, 2000 |
Respondent, Southwest Florida Water Management District, Responses to Petitioner`s Request for Admissions. filed.
|
Jun. 14, 2000 |
Notice of Hearing sent out. (hearing set for ; 10:00 a.m.; Tampa, FL)
|
Jun. 02, 2000 |
Joint Response to Initial Order (filed via facsimile).
|
May 11, 2000 |
Initial Order issued. |
May 08, 2000 |
Attorney`s Fees and Costs Affidavit filed.
|
May 08, 2000 |
Final Order filed.
|
May 08, 2000 |
Affidavit of Ahmed Thalji filed.
|
May 08, 2000 |
Petition for Attorney`s Fees and Costs filed. (formerly DOAH Case No. 99-1919)
|
Orders for Case No: 00-001946F
Issue Date |
Document |
Summary |
Oct. 27, 2000 |
DOAH Final Order
|
No Attorneys` Fees Because SWFWMD was substantially justified in tentatively issuing the permit.
|