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HENDRY COUNTY BOARD OF COUNTY COMMISSIONERS vs BIO-MED SERVICES, INC., AND DEPARTMENT OF ENVIRONMENTAL REGULATION, 91-000276 (1991)

Court: Division of Administrative Hearings, Florida Number: 91-000276 Visitors: 16
Petitioner: HENDRY COUNTY BOARD OF COUNTY COMMISSIONERS
Respondent: BIO-MED SERVICES, INC., AND DEPARTMENT OF ENVIRONMENTAL REGULATION
Judges: WILLIAM F. QUATTLEBAUM
Agency: Department of Environmental Protection
Locations: LaBelle, Florida
Filed: Jan. 11, 1991
Status: Closed
Recommended Order on Tuesday, March 31, 1992.

Latest Update: Jun. 03, 2024

Docket for Case No: 91-000276
Issue Date Proceedings
Apr. 29, 1992 Bio-Med Services, Inc.'s Response to Petitioners' Henry County, City of Labelle, and Cross Tie Mobile Estates Subdivision, Exceptions to Recommended Order filed.
Apr. 23, 1992 (Bio-Med) Response to John C. Oldford's Exceptions filed.
Apr. 15, 1992 Bio-Med Services, Inc.'s Exceptions to Recommended Order of Administrative Hearing Officer filed.
Mar. 31, 1992 Recommended Order sent out. CASE CLOSED. Hearing held January 27-31, 1992.
Mar. 10, 1992 Letter to WFQ from John C. Oldford (re: typographical errors w/in John C. Oldford`s Closing Statement and Proposed Findings of Fact) filed.
Mar. 09, 1992 Ft. Myers News Press Article w/Memo Ltr filed. (From Kenneth Downing)
Mar. 05, 1992 Petitioner Cross Tie Mobile Estates Subdivision's Proposed Recommended Order filed.
Mar. 02, 1992 Supplemental Closing Argument w/cover ltr filed. (From James D. Sloan)
Mar. 02, 1992 John C. Oldford's Closing Statement; John C. Oldford's Proposed Findings of Fact, Conclusions of Law, and Recommended Order; (Sarah Boward's) Proposed Recommended Order filed.
Mar. 02, 1992 Bio-Med Services, Inc.'s Proposed Recommended Order filed.
Mar. 02, 1992 Department of Environmental Regulation's Proposed Recommended Order filed.
Mar. 02, 1992 Petitioner Cross Tie Mobile Estates Subdivision's Proposed Recommended Order filed.
Mar. 02, 1992 Hendry County's Closing Argument; Hendry County's Supplemental Proposed Recommended filed.
Feb. 19, 1992 Transcript (Vols. I-VIII) filed.
Feb. 19, 1992 Response to Objections to the Deposition of John F. Glunn; Respondent's, Bio-Med Services, Inc., Response to Objections to the Deposition of Cleveland George Holladay, III filed.
Feb. 11, 1992 (Bio-Med) Exhibits one box filed.
Feb. 10, 1992 Statement by R. E. Byrd & Cover Letter from R. Byrd filed.
Feb. 10, 1992 (Cross Tie) Objections to Deposition of Cleveland George Holladay III filed.
Jan. 29, 1992 (Hendry County) Motion for Protective Order filed. (filed with the HO).
Jan. 27, 1992 Final Hearing Held 1/24-31/92; for applicable time frames, refer to CASE STATUS form stapled on right side of Clerk's Office case file.
Jan. 27, 1992 Subpoena Ad Testificandum filed. (From John C. Oldford)
Jan. 24, 1992 (Joint) Prehearing Stipulation w/Exhibit-A & cover ltr filed.
Jan. 23, 1992 Respondent, Bio-Med Services, Inc.'s Fifth Set of Interrogatories to Petitioner, Hendry County Board of County Commissioners; Bio-Med Services, Inc.'s Notice and Certificate of Service of Fourth Set of Interrogatories to the City of Labelle; Respondent,
Jan. 23, 1992 Respondent, Bio-Med Services, Inc.'s Third Set of Interrogatories to Petitioner, Cross Tie Mobile Estates Subdivision; Bio-Med Services, Inc.'s Notice and Certificate of Service of Fifth Set of Interrogatoriesto Hendry County Boar d of County Commission
Jan. 23, 1992 (Respondent) Amended Notice of Taking Deposition of Cleve Holladay; Amended Notice of Taking Deposition of John Glunn; Bio-Med Services, Inc.'s Notice and Certificate of Service of Third Set of Interrogatoriesto Cross Tie Mobile E state Subdivision rec'
Jan. 23, 1992 Prehearing Stipulation filed.
Jan. 23, 1992 (Intervenor) Notice of Service of Answers to Interrogatories filed.
Jan. 17, 1992 (Respondent) Notice of Taking Deposition of Cleve Holiday; Notice of Taking Deposition of John Glunn filed.
Jan. 16, 1992 (Respondent) Amended Notice of Taking Telephonic Deposition of Alex E. Green; Amended Notice of Taking Telephonic Deposition of James F. Lape; filed.
Jan. 16, 1992 (Respondent) Amended Notice of Taking Telephonic Deposition of Frank L. Cross filed.
Jan. 15, 1992 Respondent, Bio-Med Services, Inc.'s Third Set of Interrogatories to Intervenor, City of Labelle; Bio-Med Services, Inc.'s Notice and Certificate of Service of Third Set of Interrogatories to the City of Labelle filed.
Jan. 15, 1992 Respondent, Bio-Med Services, Inc.'s Fourth Set of Interrogatories toPetitioner, Hendry County Board of County Commissioners; Bio-Med Services, Inc.'s Notice and Certificate of Service of Fourth Set of Interrogatories to Hendry Co unty Board of County C
Jan. 13, 1992 Notice of Taking Deposition; Notice of Taking Deposition Duces Tecum filed. (From Douglas M. Wyckoff)
Jan. 13, 1992 (Respondent) Notice of Taking Telephonic Deposition of David R. Watkins filed.
Jan. 13, 1992 (Respondent) Notice of Taking Telephone Deposition filed.
Jan. 10, 1992 (Respondent) Notice of Taking Telephonic Deposition of James F. Lape; Notice of Taking Telephonic Deposition of Frank L. Cross filed.
Jan. 08, 1992 (Respondent) Amended Notice of Taking Telephonic Deposition of Paul C. Chrostowski filed.
Jan. 08, 1992 Department of Environmental Regulation's Notice of Substitution of Counsel filed.
Jan. 06, 1992 Order sent out. (Second Amended Motion of the SWFRPC to Intervene DENIED)
Jan. 03, 1992 cc: (FAX) Witness List of the Southwest Florida Regional Planning Council filed.
Jan. 02, 1992 Amended Notice of Hearing sent out. (hearing set for Jan. 27-31, 1992; 9:30am; Labelle).
Jan. 02, 1992 Order Establishing Prehearing Procedure sent out.
Jan. 02, 1992 Order sent out. (RE: Rulings on Motions).
Dec. 31, 1991 Notice of Appearance filed. (from D. Wyckoff)
Dec. 30, 1991 Stipulation for Hearing Schedule and Recess filed.
Dec. 23, 1991 Amended Notice of Hearing sent out. (hearing set for Jan. 6-10, 1992; 9:30am; LaBelle)
Dec. 20, 1991 Bio-Med Services, Inc.'s Supplement to Response to John C. Oldford's Second Requst for Production of Documents filed.
Dec. 20, 1991 Respondent, Bio-Med Services, Inc.'s First Set of Interrogatories to Intervenor Sarah Bowman; Bio-Med Services, Inc.'s Notice and Certificate of Service of Third Set of Interrogatories filed.
Dec. 20, 1991 Bio-Med Services, Inc.`s Notice and Certificate of Service of Second Set of Interrogatories; Respondent, Bio-Med Services, Inc.`s Second Set of Interrogatories to Petitioner, John C. Oldford; Bio-Med Services, Inc`s Notice and Certificate of Service of
Dec. 20, 1991 (Petitioner) Motion For Additional Hearing Dates; Bio-Med Services, Inc.'s Motion to Expedite Discovery filed.
Dec. 20, 1991 Respondent, Bio-Med Services, Inc.`s Second Set of Interrogatories to Petitioner, Cross Tie Mobile Estates Subdivision; Bio-Med Services, Inc.`s Notice and Certificate of Service of Second Set of Interrogatories filed.
Dec. 20, 1991 Bio-Med Services, Inc's Notice and Certificate of Service of Second Set of Interrogatories; Respondent, Bio-Med Service, Inc.'s Second Set of Interrogatories to Intervenor, City of Labelle filed.
Dec. 20, 1991 Letter to E. Dan Stevens from J. Marleen Ahearn (re: Expedited Public Records Request); Letter to Sandy Klepacki from J. Marleen Ahearn (re: Expedited Public Records Request) filed.
Dec. 20, 1991 Respondent, Bio-Med Services, Inc.'s Third Set of Interrogatories to Petitioner Hendry County Board of County Commissioners filed.
Dec. 18, 1991 Bio-Med Services, Inc.`s Response to John C. Oldford`s Second Request for Production of Documents w/Exhibits A&B; Bio-Med Sevices, Inc.`s Response to John C. Oldford`s Third Request for Production of Documents w/Exhibits A-C filed.
Oct. 03, 1991 CC Letter to John Oldford from J. Marleen Ahearn (re: Telephone conversation regarding Bio-Med Motion For Continuance) filed.
Oct. 01, 1991 Notice of Hearing sent out. (hearing set for Jan 6-10, 1992; 9:30am; Labelle)
Sep. 30, 1991 Order Granting Continuance (Hearing is Cancelled) sent out.
Sep. 24, 1991 Bio-Med Services, Inc.'s Response in Opposition Southwest Florida Regional Planniong Counsel Second Amended Motion For the SWFRPC to Intervene as a Full Party filed. (From Mary F. Smallwood)
Sep. 23, 1991 (Respondent) Motion for Continuance filed. (From Mary F. Smallwood)
Sep. 16, 1991 The Southwest Florida Regional Planning Councils Reply to Bio-Med Services, Inc.'s, and The Department of Environmental Regulations Opposition to is Intervention as a Full Party filed.
Sep. 06, 1991 Order Granting Petition to Intervene Filed by Sarah Bowman sent out.
Sep. 06, 1991 Order Denying Petition to Intervene Filed by Southwest Florida Regional Planning Council sent out.
Sep. 03, 1991 Bio-Med Services, Inc.'s Response to Sarah Bowman's First Amended Petition for Leave to Intervene as a Full Party filed.
Aug. 14, 1991 Bio-Med Services, Inc.'s Response to Sarah Bowman's First Petition For Leave to Intervene as a Full Party filed. (From Mary F. Smallwood)
Jul. 25, 1991 Department of Environmental Regulation's Response in Opposition to Southwest Florida Regional Planning Council's First Amended Motion For the SWFRPC to Intervene as a Full Party filed. (From Cecile I. Ross)
Jul. 22, 1991 Bio-Med Services, Inc.`s Response in Opposition to Southwest Florida Regional Planning Council`s First Amended Motion For The SWFRPC to Intervene as a Full Party filed. (From Mary F. Smallwood)
Jul. 16, 1991 First Amended Motion for the SWFRPC to Intervene As A Full Party filed.
Jul. 08, 1991 Order Denying Petition (for SWFRPC) sent out.
Jul. 08, 1991 Fifth Notice of Hearing sent out. (hearing set for Oct. 7, 1991; 9:00am; Labelle).
Jul. 05, 1991 Letter to DRA from Mary F. Smallwood (re: agreed 90 day continuance) filed.
Jun. 28, 1991 Bio-Med Services, Inc.'s Response in Opposition to Southwest Florida Regional Planning Council's Notice of Intent to be a Party filed. (from Mary F. Smallwood)
Jun. 24, 1991 Southwest Florida Rgional Planning Council`s Notice of Intent to Be A Party filed. (From David E. Bruner)
Jun. 18, 1991 Order sent out. (hearing set for 7/1/91)
Jun. 12, 1991 Notice of Taking Deposition; Amendment to Motion For Dismissal and Treatment of Amendments to Application As a New Application Pursuant to Rule 17-4.050(6), F.A.C.; Affidavit filed. (From E. Dan Stevens)
Jun. 11, 1991 Bio-Med Services, Inc.'s Response to John C. Oldford's Fourth Motion For Continuance filed. (From Mary Smallwood)
Jun. 11, 1991 Bio-Med Services, Inc.`s Notice and Certificate of Service of Answers to John C. Oldford`s Interrogatories; Amended Notice of Taking Telephonic Deposition of Paul C. Chrostowski; Bio-Med Services, Inc.`s Memorandum of Law in Support of Its Response to J
Jun. 11, 1991 Department of Environmental Regulation's Response to Hendry County's Motion For Dismissal and Treatment of Amendments to Application as a New Application filed. (From Cecile I. Ross)
Jun. 10, 1991 Order sent out. (Re: Motion for Protective Order (except for the production of the articles of incorporation) granted).
Jun. 10, 1991 Notice of Taking Deposition w/cc of subpoena Duces Tecum filed. (From E. Dan Stevens)
Jun. 07, 1991 Bio-Med Services, Inc.`s Memorandum of Law in Support of Its Response to Hendry County Board of County Commissioners` Motion For Dismissal filed. (From Mary Smallwood)
Jun. 07, 1991 Respondent Bio-Med Services, Inc.'s Response to Hendry County's Motion For Dismissal and Treatment of Amendments to Application as a New Application Pursuant to Rule 18-4.050(6), F.A.C. filed. (From Mary F. Smallwood)
Jun. 06, 1991 Notice of Hearing; Motion For Protective Order or to Quash Subpoena on Behalf of Sam Galloway, Jr. filed. (from Patrick E. Geraghty)
Jun. 05, 1991 Hendry County Board of County Commissioners Notice and Certificate of Service of Answers to Interrogatories; Respondent, Bio-Med Services, Inc.`s Second Set of Interrogatories to Petitioner, Hendry County Board of County Commissioners filed.
Jun. 04, 1991 Order sent out. (City of LaBelle discovery/interrogatories)
Jun. 04, 1991 Order sent out. (re: Hendry County Bd of Co Commissioners discovery/interogatories)
Jun. 04, 1991 Notice of Taking Telephonic Deposition of Paul C. Chrostowski; Bio-Med Services, Inc., Respondent, And Bio-Med Management, Inc.'s Motion For Protective Order w/exhibits 1&2; Bio-Med Services, Inc.'s Response to John C. Oldford's First Request for Produc
Jun. 04, 1991 Department of Environmental Regulation's Answers to Hendry County Board of County Commissioners' First Set of Interrogatories filed. (From C. I. Ross)
Jun. 04, 1991 Amended Notice of Taking Deposition w/ Subpoena Duces Tecum filed. (from E. Dan Stevens)
Jun. 03, 1991 Order sent out. (hearing set for 6/24/91; 9:00am; LaBelle)
Jun. 03, 1991 (Petitioners) Notice of Service of Answer to Interrogatories filed. (from John A. Yaun)
Jun. 03, 1991 Motion For Dismissal and Treatmanet of Amendments to Application as a New Application Pursuant to Rule 4.050(6); Affidavit by Paul Chrostowski; Memorandum in Support filed. (From E. Dan Stevens)
Jun. 03, 1991 Notice of Taking Deposition filed. (From E. Dan Stevens)
May 30, 1991 (Petitioner) Notice of Taking Deposition (2); Subpoena Duces Tecum filed.
May 29, 1991 Bio-Med Services, Inc.s Response to John C. Oldfords Second Request for Entry Upon Land for Purpose of Inspection and Other Purposes; Letter to D. Lambert from Marleen Ahearn (Re: Draft Orders); Orders (3) (for HO to sign) filed.
May 28, 1991 Notice of Hearing filed. (From M. Smallwood)
May 24, 1991 Letter to DRA from J. Ahearn (re: Motion to Compel) filed.
May 24, 1991 Respondent, Bio-Med Services, Inc.`s Notice and Certificate of Service of First Set of Interrogatories to City of Labelle, Inctervenor; Respondent, Bio-Med Services, Inc.`s Motion to Expedite Answers to Its First Set of Interrogatories to City of Labelle,
May 23, 1991 Respondent, Bio-Med Service, Inc.'s Motion For Expedited Disocovery; Notice of Hearing; Respondent, Bio-Med Services, Inc.'s Motion to Compel Cross Tie Mobile Estates Subdivision's Answer to Interrogatories filed. (From M. Smallwood)
May 23, 1991 Bio-Med Services, Inc.'s Notice and Certificate of Service of Second Set of Interrogatories filed. (From M. Smallwood)
May 16, 1991 Bio-Med Services, Inc.'s Objection to John C. Oldfords Request for Entry upon land filed.
May 10, 1991 Order sent out. (John C. Oldford's amended motion to abate proceedings, denied).
May 06, 1991 Notice of Adoption of Petition filed. (From James D. Sloan)
Apr. 16, 1991 Bio-Med Services, Inc.'s Notice and Certificate of Service of Answer to John C. Oldford's Second Interrogatories to Respondent filed.
Apr. 08, 1991 Hendry County's Second Amended Petition For An Administrative Hearingon Intent to Issue filed. (from E. Dan Stevens)
Apr. 04, 1991 Order Rescheduling Hearing sent out. (hearing rescheduled for June 24-26 & July 1-3, 1991; LaBelle)
Apr. 02, 1991 Bio-Med Services, Inc.'s Response to John C. Oldfords Third Motion for Continuance for Administrative Hearing filed.
Apr. 01, 1991 Amended page 8 of J. Oldford's Declaratory Statement; Letter to C. Ross from J. Oldford filed.
Mar. 27, 1991 Order sent out. (motion DENIED)
Mar. 25, 1991 Order (for HO signature); Letter to DRA from E. Dan Stevens filed.
Mar. 19, 1991 Bio-Med Services, Inc.'s Response to Hendry County's Motion for Stay filed.
Mar. 18, 1991 Notice of Appearance filed.
Mar. 18, 1991 Motion for Stay of Hearing filed.
Mar. 18, 1991 Hendry County Board of County Commissioners Notice and Certificate ofService of Answers to Interrogatories; Respondent, Bio-Med Services, Inc.'s First Interrogatories to Petitioner, Hendry County Board of County Commissioners; Ans wer Exhibit To Interroga
Mar. 18, 1991 Petitioner's Motion for Stay; Memorandum in Support of Motion for Stay filed.
Mar. 15, 1991 Order sent out. (Motion expedite discovery GRANTED)
Mar. 14, 1991 Bio-Med Services, Inc.'s Response to Motion to Abate filed.
Mar. 11, 1991 Order Authorizing Intervention sent out.
Feb. 06, 1991 Third Notice of Hearing sent out. (hearing set for April 9-11, 1991; 10:30am; Labelle)
Feb. 04, 1991 Notice of Related Case and Motion to Consolidate By Respondent Department of Environmental Regulation filed. (From Cecile I. Ross)
Feb. 04, 1991 (Petitioner) Memorandum in Opposition to Motion in Limine filed. (From E. Dan Stevens)
Jan. 30, 1991 Order Denying Motion sent out. (Motion to Dismiss the Amended Petition for Hearing)
Jan. 28, 1991 Hendry County's Response to Initial Order filed. (From E. Dan Stevens)
Jan. 28, 1991 (Petitioner) Memorandum in Opposition to Respndent's Motion to Dismiss Petitioner's Amended Petition For Administrative Hearing filed. (From E. Dan Stevens)
Jan. 25, 1991 Second Notice of Hearing sent out. (hearing set for March 27-29, 1991; 9:00am; LaBelle)
Jan. 24, 1991 (Respondent) Notice And Certificate of Service Interrogatories; Respondent, Bio-Med Services, Inc.'s First Interrogatories to Petitioner, Caross Tie Mobile Estates Subdivision filed. (from Mary Smallwood)
Jan. 24, 1991 (Respondent) Motion in Limine and Memorandum of Law in Support Thereof filed. (From J. Marleen Ahearn)
Jan. 24, 1991 (Respondent) Notice and Certificate of Service Interrogatories; Respondent, Bio-Med Services, Inc.'s First Interrogatories to Petitioner, Hendry Coutny Board of County Commissioners filed. (From Mary Smallwood)
Jan. 23, 1991 Order sent out. (Cases Consolidated are: 90-7381, 90-8052 and 91-0276)
Jan. 17, 1991 Motion to Intervene (exhibit-1) & cover ltr filed. (From Cecile I. Ross)
Jan. 16, 1991 Initial Order issued.
Jan. 16, 1991 Respondent's Bio-Med Services, Inc., Motion to Dismiss Petitioner's Amended Petition For Administrative Hearing filed. (From J. Marleen Ahearn)
Jan. 11, 1991 Notice of Related Case and Motion to Consolidate by Respondent Department of Environmental Regulation filed. (From Cecile I. Ross)
Jan. 11, 1991 Order sent out. (Consolidated cases are: 90-7381 and 90-8052)
Jan. 11, 1991 Request for Assignment of Hearing Officer and Notice of Preservation of Record; Amended Petition for Administrative Hearing on Intent to Issue; Notice of Related Case and Motion to Consolidate by Respondent Department of Environmental Regulation filed.
Petitioner Cross Tie Mobile Estates Subdivision's Proposed Recommended Order filed.
Notice of Related Case and Motion to Consolidate by Respondent Department of Environmental Regulation filed. (From Cecile I. Ross)
Source:  Florida - Division of Administrative Hearings

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