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CITY OF STUART vs DEPARTMENT OF ENVIRONMENTAL PROTECTION, 95-005110 (1995)

Court: Division of Administrative Hearings, Florida Number: 95-005110 Visitors: 32
Petitioner: CITY OF STUART
Respondent: DEPARTMENT OF ENVIRONMENTAL PROTECTION
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Environmental Protection
Locations: Stuart, Florida
Filed: Oct. 23, 1995
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, June 18, 1998.

Latest Update: Jun. 01, 2024

Docket for Case No: 95-005110
Issue Date Proceedings
Jun. 18, 1998 Order Closing File sent out. CASE CLOSED.
Jun. 15, 1998 (Petitioner) Notice of Voluntary Dismissal (filed via facsimile).
Jun. 09, 1998 (Respondent) (2) Notice and Certificate of Service of Interrogatories filed.
Apr. 24, 1998 Notice of Hearing sent out. (hearing set for 8/7/98; 9:00am; Stuart)
Apr. 13, 1998 Department`s Response to Order filed.
Apr. 13, 1998 Status Report (Intervenors) (filed via facsimile).
Apr. 02, 1998 Order to Show Cause sent out. (parties to file status report & available hearing dates within 10 days)
Jan. 08, 1998 (From R. Muratti) Notice of Appearance and Substitution of Counsel for the Department of Environmental Protection; Status Report filed.
Oct. 15, 1997 Intervenors Memorandum in Opposition to Petitioners Letter (filed via facsimile).
Oct. 06, 1997 (From N. Freijomel) Petition to Initial Rulemaking filed.
Sep. 29, 1997 (Intervenor) Request for Hearing (filed via facsimile).
Sep. 02, 1997 (Intervenor) Answer to Court Order; (Intervenor) Petition to Initiate Rulemaking; (Intervenor) Motion to Revoke Permit Application (filed via facsimile).
Aug. 21, 1997 Order to Show Cause sent out. (parties to respond within 10 days as to why case file should not be closed)
May 29, 1997 Order Canceling Hearing and Placing Case in Abeyance sent out. (parties to file status report by 8/4/97)
May 28, 1997 (Petitioner) Motion for Continuance (filed via facsimile).
Apr. 09, 1997 Order Granting Motion to Withdraw sent out.
Apr. 07, 1997 (From M. McCluskey) Motion to Withdraw as Counsel for Intervenors filed.
Feb. 07, 1997 (Intervenor) Motion for Continuance of DOAH Proceedings; Cover Letter filed.
Feb. 05, 1997 Notice of Hearing sent out. (hearing set for June 3-5, 1997; 10:00am; Stuart)
Jan. 10, 1997 Letter to SBK from C. Coffin Re: Daves available for hearing filed.
Jan. 06, 1997 Letter to SBK from Carl V.M. Coffin (RE: available date for hearing) (filed via facsimile).
Oct. 01, 1996 Letter to SBK from W. West Re: Dispute relative to permitting of dredging filed.
Sep. 25, 1996 Letter to Hearing Officer from M. Privuznak Re: Rescinding original letter dated 9/12/96 filed.
Sep. 16, 1996 Letter to Hearing Officer from M. Privuznak Re: Evaluate request by a small special interest group who wish to dredge Krueger Creek filed.
Sep. 03, 1996 Letter to Hearing Officer from R. Decker Re: Letter received on 8/23/96 filed.
Aug. 09, 1996 Intervenors` First Set of Expert Witness Interrogatories to Petitioner filed.
Aug. 08, 1996 Letter to SBK from Raymond Ray (RE: expressing concerns for children safety) (filed via facsimile).
Aug. 07, 1996 Letter to SBK from Steve Bartholomew (RE: request that Hearing Officer give consideration in preventing a request by a small interest group who wish to dredge Krueger Creek) (filed via facsimile).
Aug. 07, 1996 CC: Letter to Steven Bartholomew from Joseph Capra (RE: response to Mr. Bartholomew letter of 8/8/96 regarding the arsenic levels in Krueger Creek) (filed via facsimile).
Aug. 05, 1996 Letter to SBK from S. Bartholomew (re: statement of concern for issuing dredging permit) (filed via facsimile).
Jun. 27, 1996 Deposition Outline of Joseph Capra; Cover Letter filed.
Jun. 20, 1996 Order Granting Intervention sent out. (by: Paula Bird et al.)
Jun. 19, 1996 (From C. Coffin) Statement of No Objection filed.
Jun. 18, 1996 Deposition of Marion Hedgepeth ; Intervenors` Notice of Filing Original Deposition Transcript of Marion Hedgepeth; Intervenors` Notice of Filing Original Deposition Transcript of Joseph William Capra; (3 Volumes) Deposition of Joseph W. Capra, P
Jun. 17, 1996 Intervenors` Notice of Filing Original Deposition Transcript of Joseph William Capra; Intervenors` Notice of Filing DEP`s Answers to Petitioner`s First Set of Interrogatories; cc: Deposition of Joseph William Capra filed.
Jun. 17, 1996 (Respondent) Response to Motion for Summary Final Order filed.
Jun. 17, 1996 Petitioner`s First Set of Interrogatories filed.
Jun. 17, 1996 Intervenors` Notice of Filing Original Deposition Transcript of Marion Hedgepeth filed.
Jun. 17, 1996 (Intervenors) Motion for A Continuance of Summary Final Order Hearing filed.
Jun. 17, 1996 Supplemental Affidavit of Nelo Frijomel in Opposition to Motion for Summary Final Order; Intervenors Memo in Opposition to Petitioners Motion for Summary Final Order filed.
Jun. 14, 1996 (From C. McGuire) Notice of Appearance of Counsel for Department of Environmental Protection filed.
Jun. 13, 1996 (P. Bird, W. and A. Ashworth, D. Fania, J. and J. Hammer, C. Kink, R. Lammer, A. Jones, R and C. Decker W. and C. West, G. Terraglio) Petition to Intervene filed.
Jun. 13, 1996 (From M. McCluskey) Notice of Filing Affidavit of Nelo Frijomel in Opposition to Motion for Summary Final Order; Affidavit of Nelo Frijomelin Opposition to Motion for Summary Final Order filed.
Jun. 03, 1996 Notice of Hearing sent out. (Motion Video Final Hearing set for 6/18/96; 10:00am; West Palm Beach & Tallahassee)
Jun. 03, 1996 (From M. McCluskey) Re-Notice of Taking Deposition Duces Tecum (Changing Date Only) filed.
May 23, 1996 (Petitioner) Motion for Summary Final Order filed.
May 22, 1996 Deposition of William Lee Martin ; Notice of Filing Deposition; Deposition of Carlos Rivero-deAguilar ; Deposition of Paul Wierzbicki filed.
May 22, 1996 (Petitioner) Supplement to Motion for Summary Final Order (for case no. 1112RU) filed.
May 20, 1996 (Petitioner) Notice of Filing Deposition; cc: Deposition of John M. Ruddell ; cc: Deposition of Ligia Mora-Applegate filed.
May 15, 1996 Notice of Hearing sent out. (hearing set for 6/18/96; 8:00am; Stuart)
May 14, 1996 (City of Stuart) Motion for Summary Final Order (case no. 96-1112RU) filed.
May 10, 1996 Order Canceling Hearing sent out.
May 10, 1996 (Petitioner) RE-Notice of Taking Deposition Duces Tecum (changing date only) filed.
May 10, 1996 (City of Stuart) Notice of Filing Deposition; Deposition of Bruce Jerner W/Exhibits filed.
May 07, 1996 (From M. McCluskey) Notice of Taking Deposition Duces Tecum filed.
May 06, 1996 (Petitioner) 2/Notice of Taking Deposition Duces Tecum filed.
May 03, 1996 (Petitioner) 4/Notice of Taking Deposition Duces Tecum filed.
Apr. 01, 1996 Order Continuing and Rescheduling Hearing sent out. (hearing rescheduled for 5/20/96; 9:00am; Stuart)
Mar. 29, 1996 (DEP) Motion to Continue in Abeyance filed.
Mar. 29, 1996 (Petitioner) Notice of Taking Deposition Duces Tecum filed.
Mar. 26, 1996 Amended Notice of Hearing (as to hearing location only) sent out. (hearing set for 4/12/96; 9:00am; Stuart)
Mar. 26, 1996 Order Granting Consolidation sent out. (Consolidated cases are: 95-5110 & 96-1112RU)
Mar. 20, 1996 (Petitioner) Motion for Consolidation (with DOAH Case No/s. 96-1112RU, 95-5110) filed.
Feb. 20, 1996 Order Granting Intervention sent out. (by: Nelo Freijomel & Albert Krueger)
Feb. 20, 1996 Order Granting Motion for Continuance and Rescheduling Hearing sent out. (hearing rescheduled for 4/12/96; 9:00am; Stuart)
Feb. 16, 1996 Petitioner`s First Set of Interrogatories filed.
Feb. 12, 1996 (Petitioner) Motion for Continuance filed.
Feb. 08, 1996 (Intervenors) Amended Petition to Intervene filed.
Jan. 30, 1996 Order Denying Petition to Intervene With Leave to Amend sent out.
Jan. 24, 1996 Notice of Telephonic Conference sent out. (set for 1/29/96; 2:00pm)
Jan. 09, 1996 Joint Response to Petition to Intervene filed.
Dec. 19, 1995 (Intervenors) Petition to Intervene filed.
Nov. 29, 1995 Joint Response filed.
Nov. 21, 1995 Order of Prehearing Instructions sent out.
Nov. 21, 1995 Notice of Hearing sent out. (hearing set for 2/23/96; 9:00am; Stuart)
Oct. 27, 1995 Initial Order issued.
Oct. 23, 1995 Request for Assignment of Hearing Officer and Notice of Preservation of Record; Notice Of Permit Denial; Petition for Formal Administrative Hearing filed.
Petitioner`s First Set of Interrogatories filed.
Source:  Florida - Division of Administrative Hearings

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