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W. ALLAN PETERSON AND LINDA L. YOUNG vs CITY OF GULF BREEZE AND DEPARTMENT OF ENVIRONMENTAL PROTECTION, 97-001331 (1997)

Court: Division of Administrative Hearings, Florida Number: 97-001331 Visitors: 13
Petitioner: W. ALLAN PETERSON AND LINDA L. YOUNG
Respondent: CITY OF GULF BREEZE AND DEPARTMENT OF ENVIRONMENTAL PROTECTION
Judges: LARRY J. SARTIN
Agency: Department of Environmental Protection
Locations: Tallahassee, Florida
Filed: Mar. 12, 1997
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, March 10, 1998.

Latest Update: Sep. 27, 2024

Docket for Case No: 97-001331
Issue Date Proceedings
Mar. 31, 1998 Final Order filed.
Mar. 10, 1998 Plead Their Motion for A Determination That the City of Gulf Breeze Participated in this Proceeding for An Improper Purpose sent out. (cont. from order in reference to attorney`s fees)
Mar. 10, 1998 Order Denying Petitioners` Notice/Motion That They Will Seek Attorney`s Fees Upon A Showing That the City of Gulf Breeze Participated in this Proceeding for An Improper Purpose and Denying Petitioners` Request for Sufficient Time to Properly (cont.)
Mar. 10, 1998 Order Denying Petitioners` Motion for Strike sent out.
Mar. 10, 1998 Order Relinquishing Jurisdiction and Closing File sent out. CASE CLOSED.
Mar. 06, 1998 Petitioners` Motion to Strike (filed via facsimile).
Mar. 05, 1998 Petitioners` Request for Sufficient time to Properly Plead Their Motion for a Determination That the City of Gulf Breeze Participated in This Proceeding for an Improper Purpose filed.
Mar. 04, 1998 City of Gulf Breeze`s Response to Petitioners` Notice of Receipt of the City`s Motion to Relinquish Jurisdiction, Etc. filed.
Feb. 27, 1998 Second Amended Notice of Hearing sent out.
Feb. 25, 1998 Petitioners` Notice of Receipt of The City`s Motion to Relinquish Jurisdiction, Etc. Petitioners` Notice that They Will Respond to the City`s Motion Within Seven Day Period Allowed by the Rule 60Q-2.016, FAC ect... (filed via facsimile).
Feb. 25, 1998 Petitioners` Motion for an Order Requiring the City to Produce a Necessary Witness at the Hearing, or in the Alternative Accept the Adverse Inference Required by Florida Law filed.
Feb. 24, 1998 Letter to T. Mayton from L. Young Re: Ongoing criminal investigation of the FDEP being conducted by the FDLE filed.
Feb. 24, 1998 (City of Gulf Breeze) Notice of Withdrawal of Permit Application, Motion to Relinquish Jurisdiction, and Request for Order Recommending Dismissal Without Award of Attorney Fees filed.
Feb. 20, 1998 Petitioners` Notice/Motion That They Will Seek Attorney`s Fees Upon a Showing That the City of Gulf Breeze Participated in This Proceeding for an Improper Purpose filed.
Feb. 19, 1998 Petitioners` Notice of Intent to Introduce Similar Fact Evidence of Violations, Wrongs and Acts to Prove Motive, Intent, Preparation, Plan, Knowledge and Absence of Mistake Pursuant to 120.57(1)(a), Florida Statutes filed.
Feb. 18, 1998 Petitioners` Report of Meeting With the Respondent City of Gulf Breeze filed.
Feb. 18, 1998 Petitioners Proposal for Settlement filed.
Jan. 23, 1998 Order Denying Motion for An Order Implementing the Express Statutory Prohibition in S120.569(2)(a), Florida Statutes sent out.
Jan. 21, 1998 (From R. Brightman) Notice of Appearance filed.
Jan. 21, 1998 City of Gulf Breeze`s Response in Opposition to Motion for an Order Implementing the Express Statutory Prohibition in 120.569(2)(a), Florida Statutes filed.
Jan. 08, 1998 (Petitioners) Motion for an Order Implementing the Express Statutory Prohibition in 120.569(2)(a), Florida Statutes filed.
Dec. 18, 1997 Order Designating Location of Hearing sent out.
Dec. 18, 1997 Fairways Reply to City`s Response to Amended Petition to Intervene filed.
Dec. 12, 1997 City`s Response to Fairways` Amended Petition to Intervene filed.
Dec. 11, 1997 Amended Notice of Hearing sent out. (hearing set for March 9-13, 1998; 10:00am; Pensacola)
Nov. 20, 1997 (From S. Fernandez) Notice of Availability filed.
Nov. 17, 1997 (The Fairways Group L.P.) Amended Petition for Leave to Intervene filed.
Nov. 17, 1997 Order Granting City`s Motion to Dismiss and Motion In Opposition to Intervenors` Petitions sent out.
Nov. 12, 1997 Notice of Appearance filed.
Nov. 07, 1997 City`s Withdrawal of Motions to Dismiss filed.
Nov. 06, 1997 Department`s Notice of Unavailability filed.
Nov. 03, 1997 (Petitioners) Notice of Availability filed.
Oct. 29, 1997 Order Granting Intervention sent out. (for Fairways Groups, Grace Esposito, et al.)
Oct. 28, 1997 City`s Motion to Dismiss and Motion in Opposition to Intervenors` Petitions filed.
Oct. 27, 1997 City`s Response to Fairways` Petition to Intervene, Notice of Availability filed.
Oct. 24, 1997 (Respondent) Status Report filed.
Oct. 17, 1997 City`s Response to Order filed.
Oct. 09, 1997 Order Granting City`s Motion for Continuance sent out. (hearing cancelled; response due by 10/17/97)
Oct. 08, 1997 Petitioners` Traverse of Petition for Leave to Intervene by the Fairways Group L.P. filed.
Oct. 08, 1997 (From F. & D. Grassi) Intervenors` Petition filed.
Oct. 06, 1997 (7) (From C. & M Williams, L. Campbell, G. Esposito, J. & S. Fayard, M & M. Gabriel, R. & J. Lawless, J. & M. Warren) Intervenors` Petition; Petitioner Young`s Objection to the City of Gulf Breeze`s Request for a [second] Continuance filed.
Oct. 03, 1997 (Respondent) Supplement to City`s Motion for Continuance filed.
Oct. 02, 1997 (The Fairways Group L.P.) Petition for Leave to Intervene filed.
Oct. 01, 1997 Petitioner Objections to a Second Continuance as Requested by the City of Gulf Breeze filed.
Sep. 26, 1997 Letter to K. Blizzard from A. Peterson & L. Young Re: Settlement filed.
Sep. 25, 1997 City`s Motion for Continuance filed.
Sep. 10, 1997 Letter to K. Blizzard from L. Young, A. Peterson Re: Substandard Sewage Treatment Plant Litigation; Letter to L. Young, W. Petterson from K. Blizzard Re: Mediation for potential settlement filed.
Aug. 26, 1997 Petitioners` Corrected Response to the City`s Third Motion to Dismiss Their Third Revised Petition and Supplemental Pleading Setting Forth Subsequent Events filed.
Aug. 20, 1997 Petitioners` Response to the City`s Third Motion to Dismiss Their Third Revised Petition filed.
Aug. 11, 1997 City`s Amended Certificate of Service and Request to Extend Response Time filed.
Aug. 01, 1997 (City of Gulf Breeze) Motion to Dismiss or Strike Amended Revised Proposed Petition filed.
Jul. 09, 1997 (Petitioner) Amended Revised Proposed Petition (filed via facsimile).
Jul. 01, 1997 Notice of Hearing sent out. (hearing set for Oct. 27-30, 1997; 10:00am; Pensacola)
Jun. 30, 1997 (City of Gulf Breeze) Status Report filed.
Jun. 27, 1997 City of Gulf Breeze`s response in opposition to motion for rehearing and request to amend pursuant to rule 9.040(d) Fla.R.App.P. filed.
Jun. 25, 1997 Order Granting, In Part, City`s Renewed Motion to Dismiss, Denying Petitioners` Motion to Strike, and Denying Petitioners`s Motion for Order that Their Standing As Parties in This Proceeding Was Determined by the Department sent out.
Jun. 23, 1997 City`s Response to Petitioners` Motion for an Order That Their Standing as Parties in This Proceeding Was Determined by the Department Before Referral to DOAH and has Accordingly Become the Law of the Case filed.
Jun. 20, 1997 Petitioners Notice of Non-Receipt of the City`s Pleadings and Verified Motion to Strike filed.
Jun. 18, 1997 City`s Amended Certificates of Service filed.
Jun. 17, 1997 Order Denying Motion to Require the Department to Comply With SB1066, Amending Chapter 120, Florida Statutes sent out.
Jun. 17, 1997 (City of Gulf Breeze) Notice of Availability filed.
Jun. 16, 1997 Order Granting City`s Motion for Continuance sent out. (hearing cancelled; parties to file status report by 6/30/97)
Jun. 11, 1997 City`s Response to Motion to Require Compliance With SB1066 filed.
Jun. 11, 1997 (Linda Young) Motion for Rehearing and Request to Amend Pursuant to Rule 9.040(d), FLA.R.APP.R. filed.
Jun. 10, 1997 Petitioners` Motion for an Order That Their Standing as Parties in This Proceeding Was Determined by the Department Before Referral to DOAH and Has Accordingly Become the Law of the Case; (2) Petitioner`s Affidavit filed.
Jun. 05, 1997 City`s Response to Motion to Strike Renewed Motion to Dismiss filed.
Jun. 04, 1997 Petitioners` Motion to Strike Inappropriate Representations in the City`s Renewed Motion to Dismiss filed.
Jun. 03, 1997 City`s Motion for Continuance filed.
May 30, 1997 (Petitioners) Motion to Require the Department to Comply With SB1066, Amending Chapter 120, Florida Statutes; Petitioners` Response in Opposition to City`s Renewed Motion to Dismiss filed.
May 29, 1997 Order Concerning Request for Meeting/Telephone Conference sent out. (denied)
May 29, 1997 Amended Notice of Service of Respondent City of Gulf Breeze`s Motion to Dismiss filed.
May 29, 1997 (Petitioners) Notice of Negotiation Meeting; Petitioners` Affidavit Addressing Standing filed.
May 28, 1997 BY ORDER OF THE COURT (Petition for writ of prohibition and/or writ of mandamus is denied), BY ORDER OF THE COURT (styled as Young V. State of Florida) filed.
May 28, 1997 City`s Renewed Motion to Dismiss filed.
May 27, 1997 (Petitioners) Notice of Revised Proposed Petition filed.
May 23, 1997 Petitioner`s Appendix Accompanying the Petition for a Writ of Prohibition filed.
May 23, 1997 Petitioner`s Representation of Emergency Need for a Stay; Petition for Writ of Prohibition and/or Writ of Mandamus ; Request for Stay Pending Court`s Decision on Writ of Prohibition filed.
May 21, 1997 Order Concerning Request for Mediation sent out.
May 21, 1997 Order Denying Petitioners` Motion to Abate sent out.
May 21, 1997 Order Denying Motion for Reconsideration of Rumored Rulings of Disqualified Judge and Concerning Motion to Clarify or Vacate Order sent out.
May 21, 1997 Department`s Response to Petitioners` Motion to Abate Proceedings filed.
May 20, 1997 (From W. Peterson, L. Young) Motion for Reconsideration of Rumored Rulings of Disqualified Judge and Motion to Clarify or Vacate Order (Prior to Petitioners Being Otherwise Forced to Seek a Writ of Prohibition) filed.
May 19, 1997 City`s Objection to Petitioners` Motion to Abate filed.
May 12, 1997 Notice of Service of Respondent City of Gulf Breeze`s First Request for Production of Documents to Petitioners W. Allan Peterson and Linda L. Young filed.
May 12, 1997 Order Concerning Outstanding Motions sent out.
May 09, 1997 Petitioners` Motion to Abate Proceeding in Order to Accomplish Necessary Interim Rulemaking filed.
May 07, 1997 City`s Response to Order Concerning Status of Case filed.
May 05, 1997 Department`s Notice of Filing Revised Proposed Permit; Notice of Proposed Permit Revision filed.
May 02, 1997 Petitioners` Traverse of the City`s "Memorandum" Dated April 25, 1997 filed.
Apr. 30, 1997 Notice of Assignment of Case and Order Concerning Status of Case sent out. (parties to respond by 5/7/97)
Apr. 25, 1997 City`s Memorandum in Support of City`s Motion to Dismiss and Motion in Opposition to Petition and City`s Clarification of the Record filed.
Apr. 24, 1997 Order sent out. (motion for disqualification of administrative law judge is granted)
Apr. 23, 1997 Petitioners` Memorandum of Law in Opposition to the City`s Unsupported Motion to Dismiss; Petitioners` Memorandum of Law ReReconfiguration of the Issue filed.
Apr. 23, 1997 Affidavit of Linda L. Young in Support of Motion to Disqualify; Affidavit of W. Allan Peterson in Support of Motion to Disqualify filed.
Apr. 23, 1997 Petitioners` Renewed Demand for Denunciation of an Ex Pa rte Communication as Required by Section 120.66, Florida Statutes and Petitioners` Motion for Disqualification of Administrative Law Judge for Prejudice Pursuant to Rule 30PM-2.013, AC filed.
Apr. 23, 1997 Notice of Service of Responses to Petitioner Allan Peterson`s First Requests for Admissions by City of Gulf Breeze and First Interrogatories to City of Gulf Breeze filed.
Apr. 22, 1997 (Petitioner) Provisional Notice of Telephonic Hearing (filed via facsimile).
Apr. 21, 1997 Petitioners` Renewed Demand for Denunciation of an Ex Parte Communication as Required by Section 120.66, Florida Statutes and Petitioner`s Motion for Disqualification of Administrative Law Judge for Prejudice Pursuant to Rule 60Q-2.013 (by fax) rec`d
Apr. 18, 1997 City`s Response to Petitioners` Objection to Expedited Hearing and City`s Objection to Petitioner`s Motion to Vacate Order filed.
Apr. 18, 1997 City of Gulf Breeze`s Motion to Dismiss Petition for Lack of Standing filed.
Apr. 18, 1997 Petitioner`s Memorandum of Law Re: Reconfiguration of the Issue; Petitioner`s Memorandum of Law In Opposition to the City`s Unsupported Motion to Dismiss (filed via facsimile).
Apr. 18, 1997 (From W. Sykes) Notice of Appearance filed.
Apr. 17, 1997 Petitioners` Objection to the Administrative Law Judge`s Improper Unilateral Characterization of the Issue for Hearing filed.
Apr. 15, 1997 (Petitioners) Motion to Vacate Order Granting Expedited Hearing filed.
Apr. 15, 1997 Petitioners` Memorandum in Support of Their Continuing Written Objection to the City of Gulf Breeze`s Improper Injection of Unsupported Factual Matters in its Motions filed.
Apr. 15, 1997 Petitioners` Objection to City of Gulf Breeze`s Motion for Expedited Hearing and Petitioner`s Demand for Clarification of Ex Parte Communications filed.
Apr. 10, 1997 Order of Prehearing Instructions sent out.
Apr. 10, 1997 Order Granting Motion for Expedited of Hearing sent out. (hearing date June 24-27, 1997; 10:00am; Pensacola)
Apr. 10, 1997 Notice of Service of Respondent City of Gulf Breeze`s First Set of Interrogatories to Petitioner W. Allan Peterson; Notice of Service of Respondent City of Gulf Breeze`s First Set of Interrogatories to Petitioner Linda Young (filed via facsimile) rec
Apr. 08, 1997 Correction to City of Gulf Breeze`s Motion for Expedited Hearing filed.
Apr. 08, 1997 (Respondent) Notice of Telephonic Hearing filed.
Apr. 08, 1997 Department of Environmental Protection`s Response to Initial Order filed.
Apr. 07, 1997 Order Establishing Compliance Schedule Under Section 403.088(2)(F), F.S. filed.
Apr. 07, 1997 City of Gulf Breeze`s Motion for Expedited Hearing filed.
Apr. 03, 1997 Complaint (from R. Emmanuel) w/cover letter filed.
Apr. 03, 1997 Petitioner W. Allan Peterson`s Notice of Service of Requests for Admission and Interrogatories to Respondent City of Gulf Breeze filed.
Apr. 03, 1997 Petitioner Allan Peterson`s First Requests for Admissions by City of Gulf Breeze and First Interrogatories to City of Gulf Breeze filed.
Apr. 03, 1997 Petitioners` Response to City of Gulf Breeze`s Motions filed.
Mar. 27, 1997 City of Gulf Breeze`s Motion to Dismiss Petition for Lack of Standing; (Kathleen Blizzard) Notice of Appearance; Cover Letter filed.
Mar. 19, 1997 Initial Order issued.
Mar. 12, 1997 Request for Assignment of Administrative Law Judge and Notice of Preservation of Record; Petition for Formal 120.57(1) Florida Statutes, Administrative Hearing; Agency Intent to Issue filed.
Mar. 12, 1997 City of Gulf Breeze`s Motion to Dismiss Petition for Lack of Standing filed.
City of Gulf Breeze`s Motion to Dismiss Petition for Lack of Standing filed.
City`s Motion for Continuance filed.
Source:  Florida - Division of Administrative Hearings

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