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JAMES KESSLER, THE SAVE THE MANATEE CLUB, THE RESPONSIBLE GROWTH MANAGEMENT COALITION, THE ENVIRONMENTAL CONFEDERATION OF SOUTHWEST FLORIDA, THE COLLIER COUNTY AUDUBON SOCIETY, AND THE CITIZENS TO PRESERVE NAPLES BAY vs CITY OF NAPLES AND COLLIER ENTERPRISES, LTD., 99-002600GM (1999)

Court: Division of Administrative Hearings, Florida Number: 99-002600GM Visitors: 12
Petitioner: JAMES KESSLER, THE SAVE THE MANATEE CLUB, THE RESPONSIBLE GROWTH MANAGEMENT COALITION, THE ENVIRONMENTAL CONFEDERATION OF SOUTHWEST FLORIDA, THE COLLIER COUNTY AUDUBON SOCIETY, AND THE CITIZENS TO PRESERVE NAPLES BAY
Respondent: CITY OF NAPLES AND COLLIER ENTERPRISES, LTD.
Judges: LAWRENCE P. STEVENSON
Agency: Department of Community Affairs
Locations: Naples, Florida
Filed: Jul. 01, 1999
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, June 9, 2004.

Latest Update: Feb. 23, 2025

Docket for Case No: 99-002600GM
Issue Date Proceedings
Aug. 24, 2004 Letter to Heidi Hughes from Judge Stevenson regarding the case transcript and all exhibits.
Jun. 09, 2004 Order Closing File. CASE CLOSED.
Jun. 07, 2004 Joint Status Report and Joint Request that these Proceedings be Dismissed and the files at the Division of Administrative Hearins Closed filed by S. Pfeiffer.
Mar. 25, 2004 Notice of Substitution of Counsel (filed by R. Pritt, Esquire).
Mar. 25, 2004 Order Continuing Case in Abeyance (parties to advise status by June 7, 2004).
Mar. 19, 2004 Joint Status Report Pursuant to Order of Abatement filed by S. Pfeiffer.
Dec. 22, 2003 Order Continuing Case in Abeyance (parties to advise status by March 22, 2004).
Dec. 15, 2003 Joint Status Report Pursuant to Order of Abatement filed by S. Pfeiffer.
Sep. 24, 2003 Order Continuing Case in Abeyance (parties to advise status by December 15, 2003).
Sep. 19, 2003 Joint Status Report Pursuant to Order of Abatement filed by S. Pfeiffer.
Jun. 20, 2003 Order Continuing Case in Abeyance (parties to advise status by September 19, 2003).
Jun. 17, 2003 Amended Joint Status Report Pursuant to Order of Abatement filed by S. Pfeiffer.
Jun. 16, 2003 Joint Status Report Pursuant to Order of Abatement filed by S. Pfeiffer.
Jun. 11, 2003 Notice of Substitution of Counsel for the Department of Community Affairs (filed by S. Stiller, Esquire, via facsimile).
Feb. 18, 2003 Notice of Substitution of Counsel for the Department of Community Affairs (filed by D. Jordan via facsimile).
Jan. 17, 2003 Order Continuing Case in Abeyance issued. (the parties shall confer and advise the undersigned in writing no later than June 16, 2003, as to the status of this matter)
Jan. 10, 2003 Joint Status Report Pursuant to Order of Abatement filed by R. Apgar.
Oct. 15, 2002 Order Continuing Case in Abeyance issued (parties to advise status by January 10, 2003).
Oct. 10, 2002 Joint Status Report Pursuant to Order of Abatement filed by R. Apgar.
Jun. 10, 2002 Order Continuing Case in Abeyance issued (parties to advise status by October 10, 2002).
Jun. 04, 2002 Joint Status Report Pursuant to Order of Abatement filed.
Feb. 08, 2002 Order Continuing Case in Abeyance issued (parties to advise status by June 3, 2002).
Feb. 04, 2002 Joint Status Report Pursuant to Order of Abatement filed.
Oct. 03, 2001 Order Continuing Case in Abeyance issued (parties to advise status by February 1, 2002).
Oct. 02, 2001 Amended Joint Status Report Pursuant to Order of Abatement filed by Petitioner.
Oct. 01, 2001 Joint Status Report Pursuant to Order of Abatement filed by Petitioner.
Jun. 04, 2001 Order Continuing Case in Abeyance issued (parties to advise status by October 1, 2001).
May 30, 2001 Joint Status Report Pursuant to Order of Abatement filed.
Dec. 13, 2000 Order Continuing Case in Abeyance issued (parties to advise status by June 1, 2001).
Dec. 08, 2000 Joint Status Report Pursuant to Order of Abatement filed.
Sep. 11, 2000 Notice of Appearance (file the Second DCA, Nancy Stroud) filed.
Aug. 28, 2000 Response of James K. Kessler to Collier Enterprises, Ltd.`s Motion to Strike (filed in the 2nd DCA) filed.
Aug. 24, 2000 Notice of Appearance of Additional Counsel for Intervenor, Collier Enterprises, Ltd. filed.
Aug. 23, 2000 Notice of Address Change (R. Apgar) filed.
Aug. 21, 2000 Motion for Substitution of Parties or Alternatively, Suggestion to the Court for Substitution of Parties Pursuant to Fla. R. App.P, Rule 9.360(c)(1) filed.
Aug. 21, 2000 Notice of Voluntary Dismissal (Respondent) filed.
Aug. 14, 2000 BY ORDER OF THE COURT (Respondent shall file a response to the petition within 20 days) filed.
Jul. 12, 2000 Letter to DOAH from DCA filed. DCA Case No. 2D00-2632.
Jun. 07, 2000 Order of Abatement sent out. (Parties to advise status by 12/08/2000)
May 31, 2000 Request for Oral Arguments (W. Williams) (filed via facsimile).
May 30, 2000 The Conservancy of Southwest Florida, Inc.`s Motion for Recommended Order, Joinder in Motion for Recommended order Filed by Save the Manatee Club ET AL., and Joinder in Motion for Administrative Law Judge to Complete and Submit Recommended Order Filed by
May 30, 2000 Response to Request for Status Report (Respondent) filed.
May 30, 2000 The Save the Manatee Club, Et Al.`s Motion for Recommended Order and Memorandum of Law filed.
May 30, 2000 City of Naples` Motion for Administrative Law Judge to Complete and Submit Recommended Order w/exhibits filed.
May 25, 2000 City of Nales` Notice of Withdrawal of Proposed Recommended Order (filed via facsimile).
May 24, 2000 Request for Oral Arguments (W. Williams) filed.
May 08, 2000 Letter to Judge Stevenson from S. Pfeiffer Re: Requesting that no action be taken until May 29, 2000 filed.
Apr. 25, 2000 (R. Apgar) Notice of Filing City of Naples Ordinance 00-8798; Ordinance 00-8798 filed.
Apr. 25, 2000 Facsimile Transmittal to Judge Stevenson from L. McLaughlin Re: Conference call (filed via facsimile).
Apr. 19, 2000 (R. Fingar) Request for Status Conference filed.
Apr. 11, 2000 (R. Fingar) Notice of Supplemental Authority or Motion to Take Official Recognition filed.
Feb. 15, 2000 (R. Apgar) Disk (Proposed recommended order from the Save the Manatee Club and Florida Audubon Society) filed.
Feb. 15, 2000 City of Naples` Proposed Recommended Order (For Judge Signature) (This fax was sent in two parts) (filed via facsimile).
Feb. 14, 2000 Additional Exhibits filed.
Feb. 14, 2000 Petitioners`/Intervenor`s Notice of Filing Additional Exhibits filed.
Feb. 14, 2000 Proposed Recommended Order (For Judge Signature) filed.
Feb. 14, 2000 City of Naples` Proposed Recommended Order (filed via facsimile).
Feb. 14, 2000 Respondent, Collier Enterprises, Ltd.`s Notice of Filing Final Hearing Exhibits and Exhibit List filed.
Feb. 14, 2000 (W. Williams) Notice of Filing Respondent/Intervenor Collier Enterprises, Ltd. Proposed Recommended Order filed.
Feb. 14, 2000 (W. Williams) Motion to Extend Page Limit for Proposed Recommended Order filed.
Feb. 14, 2000 (W. Williams) Memorandum of Law in Support of Proposed Recommended Order filed.
Feb. 14, 2000 Collier Enterprises` Final Hearings Exhibits (2 Boxes) filed.
Feb. 14, 2000 (S. Pfeiffer) Exhibits 1-15 and 23 w/cover letter filed.
Feb. 14, 2000 (Petitioner) Proposed Recommended Order filed.
Feb. 14, 2000 The Save the Manatee Club, Et Al.`s Proposed Recommended Order filed.
Feb. 14, 2000 Department of Community Affairs` Memorandum of Law (filed via facsimile).
Feb. 04, 2000 Letter to Judge Stevenson from William E. William (re;PRO) filed.
Jan. 26, 2000 (6 Volumes) Transcript filed.
Jan. 26, 2000 Transcripts Volume VII, VIII, IX filed.
Dec. 28, 1999 Audio tapes of the Planning Advisory Board meetings of 4/14/99 and 5/12/99 ; Video tapes of Naples City Council meetings of 5/19/99 and 6/2/99 filed.
Dec. 06, 1999 CASE STATUS: Hearing Held.
Dec. 03, 1999 (S. Pfeiffer, W. Williams, F. Hardt, A. Grayson, R. Apgar) Prehearing Stipulation filed.
Dec. 03, 1999 Respondent, City of Naples, Notice of Filing Errata Sheet of Ronald M. Lee (filed via facsimile).
Dec. 02, 1999 Petitioners the Save the Manatee Club, Et Al. and Intervenor Florida Audubon Society`s Response to Collier Enterprises, Ltd.`s Motion to Strike and/or Limit Issues at the Final Hearing filed.
Dec. 02, 1999 (Petitioner) Response of the Conservancy of Southwest Florida, Inc., to Motion to Strike and/or Limit the Issues at the Final Hearing filed.
Dec. 01, 1999 (DCA) Withdrawal of Department of Community Affairs` Notice of Recordation (filed via facsimile).
Dec. 01, 1999 Petitioners`/Intervenor`s Second Notice of Filing Exhibits; Exhibits filed.
Nov. 30, 1999 Motion for Extension of Time to Respond to Motion to Strike and/or Limit the Issues at the Final Hearing filed.
Nov. 29, 1999 Department of Community Affairs` Notice of Recordation (filed via facsimile).
Nov. 24, 1999 Respondent, City of Naples, Disclosure of Exhibits and Witnesses(filed via facsimile).
Nov. 24, 1999 City of Naples Joinder in Motion to Strike and/or Limit the Issues at the Final Hearing (filed via facsimile). 11/24/99)
Nov. 23, 1999 City of Naples Joinder in Motion to Strike and/or Limit the Issues at the Final Hearing (filed via facsimile).
Nov. 23, 1999 (W. Williams) Motion to Strike and/or Limit the Issues at the Final Hearing filed.
Nov. 22, 1999 Respondent, Collier Enterprises, Ltd.`s Response to Petitioners`/Intervenor`s Second Request for Production filed.
Nov. 12, 1999 Petitioners`/Intervenor`s Second Request for Production filed.
Oct. 18, 1999 (R. Apgar) Notice of Taking Depositions filed.
Oct. 08, 1999 Amended Notice of Hearing sent out. (hearing set for December 6 through 10, 1999; 9:00 a.m.; Naples, FL)
Oct. 07, 1999 Order Granting Withdrawal sent out. (James Kessler motion to withdraw as a party is granted)
Oct. 07, 1999 Order Granting Intervention sent out. (Florida Audubon Society)
Oct. 05, 1999 Collier Enterprises, Ltd.`s Response to Petitioners, the Save the Manatee Club, Et Al.`s Counter-Motion to Bifurcate filed.
Sep. 30, 1999 (R. Fingar) Notice of Hearing (10/7/99; 10:00 a.m.) filed.
Sep. 22, 1999 Order Granting James Kessler`s Motion to Withdraw (For Judge Signature) filed.
Sep. 22, 1999 Petitioner James Kessler`s Motion to Withdraw as a Party filed.
Sep. 22, 1999 Petitioner`s/Intervenor`s Request for Production filed.
Sep. 10, 1999 (K. Oertel) Notice of Withdrawal (filed via facsimile).
Sep. 07, 1999 Letter to Judge Stevenson from A. Grayson Re: Address filed.
Sep. 03, 1999 Letter to Judge Stevenson from Andrew Grayson (RE: notice of appearance) (filed via facsimile).
Aug. 30, 1999 (W. Williams) Notice of Appearance filed.
Aug. 30, 1999 Joinder in Response to Motion to Strike and Motion to Determine and/or Limit the Issues at the Final Hearing filed.
Aug. 27, 1999 Order Granting Continuance and Re-scheduling Hearing sent out. (hearing set for October 25 through 29, 1999; 9:00 a.m.; Naples, FL)
Aug. 27, 1999 (F. Hardt, C. Keesey) Emergency Motion for Continuance (filed via facsimile).
Aug. 26, 1999 Conservancy of Southwest Florida, Inc.`s Notice of Filing Exhibits filed.
Aug. 26, 1999 James Kessler, Et Al.`s Response to Motion to Strike and Motion to Determine and/or Limit the Issues at the Final Hearing and Counter-Motion to Bifurcate the Hearing filed.
Aug. 26, 1999 Order of Disqualification sent out. (motions to disqualify are granted)
Aug. 26, 1999 (T. Sumner) Notice of Appearance filed.
Aug. 26, 1999 Exhibits filed.
Aug. 25, 1999 Petitioner James Kessler, Et Al.`s Notice of Filing Exhibits filed.
Aug. 25, 1999 Exhibits filed.
Aug. 24, 1999 Respondent Collier Enterprises, Ltd.`s Notice of Filing Exhibits filed.
Aug. 24, 1999 (J. Brown) Exhibits filed.
Aug. 24, 1999 (R. Apgar) Notice of Address Change filed.
Aug. 24, 1999 Collier Enterprises, Ltd.`s First Request for Official Recognition filed.
Aug. 23, 1999 Notice of Service of Answers to James Kessler, Et. Al.`s Interrogatories filed.
Aug. 23, 1999 Respondent`s, City of Naples, Witness List filed.
Aug. 23, 1999 Respondent, City of Naples, Response to James Kessler`s Request to Produce filed.
Aug. 23, 1999 Letter to Judge Stevenson from C. Kessey Re: Typographical error in phone number filed.
Aug. 23, 1999 Respondent, City of Naples, Response to Conservancy`s Request to Produce filed.
Aug. 23, 1999 (F. Hardt) Notice of Service of Answers to Conservancy`s Interrogatories filed.
Aug. 20, 1999 James Kessler, Et Al.`s Motion for Extension of Time to File Response to Motion to Strike and Motion to Determine and/or Limit the Issues at the Final Hearing filed.
Aug. 20, 1999 (J. Brown) Case Law w/cover letter filed.
Aug. 19, 1999 (F. Hardt) Notice of Appearance as Co-Counsel for Respondent, City of Naples filed.
Aug. 18, 1999 (Petitioner) Memorandum of Law in Support of the Conservancy`s Motion to Disqualify the Firm of Oertel, Hoffman, Fernandez & Cole filed.
Aug. 18, 1999 Petitioners` Memorandum of Law in Support of Motion to Disqualify Law Firm of Oertel, Hoffman, Fernandez & Cole filed.
Aug. 17, 1999 (J. Brown) Notice of Service of Answers and Objections to Interrogatories filed.
Aug. 17, 1999 (J. Brown) Response to Request for Production filed.
Aug. 16, 1999 (K. Oertel) Memorandum of Law in Opposition to Motion to Disqualify Firm filed.
Aug. 16, 1999 (K. Oertel) Motion to Strike and Motion to Determine and/or Limit the Issues at the Final Hearing filed.
Aug. 16, 1999 (Petitioner) Motion for Protective Order filed.
Aug. 16, 1999 Petitioners` Response in Opposition to Respondent Collier Enterprises, Ltd`s Emergency Motion to Compel Appearances at Deposition, or, in the Alternative, for Scheduling Order, and Petitioners` Counter-Motion for Protective Order filed.
Aug. 13, 1999 (K. Oertel) Emergency Motion to Compel Appearance at Deposition or, in the Alternative, for Scheduling Order (filed via facsimile).
Aug. 13, 1999 Agreed Motion to Allow Witnesses to Appear by Telephone (filed via facsimile).
Aug. 13, 1999 (S. Pfeiffer) Motion to Disqualify the Firm of Oertel, Hoffman, Fernandez & Cole filed.
Aug. 13, 1999 (K. Oertel) Notice of Taking Deposition (filed via facsimile).
Aug. 12, 1999 Notice of Service of Answers to Respondent Collier Enterprises, Ltd`s First Interrogatories to Petitioner the Conservancy of Southwest Florida filed.
Aug. 12, 1999 (R. Apgar) Notice of Serving Answers to First Set of Interrogatories Propounded by Collier Enterprises, Ltd. filed.
Aug. 10, 1999 Notice of Hearing sent out. (hearing on petitioner`s emergency motion to disqualify will be held 8/23/99; 9:00am; Tallahassee)
Aug. 10, 1999 Department of Community Affairs` Petition for Leave to Intervene (filed by facsimile) filed.
Aug. 09, 1999 (Florida Audubon Society) Petition to Intervene filed.
Aug. 09, 1999 Petitioners` Emergency Motion to Disqualify the Firm of Oertel, Hoffman, Fernandez & Cole filed.
Aug. 02, 1999 Letter to Judge Stevenson from C. Kessey Re: Conference Room filed.
Aug. 02, 1999 (C. Keesey) Notice of Appearance filed.
Jul. 28, 1999 James Kessler, Et Al.`s First Request for Production of Documents Directed to Respondent City of Naples filed.
Jul. 28, 1999 James Kessler, Et Al.`s First Request for Production of Documents Directed to the Respondent Collier Enterprises, Ltd. filed.
Jul. 28, 1999 Notice of Service of First Interrogatories to Petitioners James Kessler, the Save the Manatee Club, the Responsible Growth Management Coalition, the Environmental Confederation of Southwest Florida, the Collier County Audubon Society, and the Citizens to Preserve Naples Bay filed.
Jul. 28, 1999 Notice of Service of First Interrogatories to Petitioner, the Conservancy of Southwest Florida filed.
Jul. 28, 1999 (R. Apgar) Notice of Service of James Kessler, Et Al.`s First Interrogatories to the Respondent Collier Enterprises, Ltd. filed.
Jul. 28, 1999 (Petitioners) Notice of Service of James Kessler, Et Al.`s First Interrogatories to the Respondent City of Naples filed.
Jul. 26, 1999 Order sent out. (all parties will respond to request for discovery within 15 days of service of those requests)
Jul. 23, 1999 Notice of Service of the Conservancy of Southwest Florida`s First Interrogatories to the Respondent City of Naples filed.
Jul. 23, 1999 The Conservancy of Southwest Florida`s First Request for Production of Documents Directed to the Respondent Collier Enterprises, Ltd. filed.
Jul. 23, 1999 The Conservancy of Southwest Florida`s First Request for Production of Documents Directed to the Respondent City of Naples filed.
Jul. 23, 1999 Notice of Service of the Conservancy of Southwest Florida`s First Interrogatories to the Respondent Collier Enterprises, Ltd. filed.
Jul. 23, 1999 The Conservancy of Southwest Florida`s Motion to Shorten Time for Responding to Requests for Discovery filed.
Jul. 23, 1999 (K. Oertel) Notice of Appearance filed.
Jul. 21, 1999 Prehearing Order issued.
Jul. 21, 1999 Notice of Hearing sent out. (hearing set for August 30 through September 3, 1999; 9:00am; Naples)
Jul. 20, 1999 Order of Consolidation sent out. (Consolidated cases are: 99-002599GM, 99-002600GM)
Jul. 19, 1999 (R. Apgar) Response to Administrative Law Judge`s Initial Order filed.
Jul. 06, 1999 Initial Order issued.
Jul. 01, 1999 Petition for Formal Administrative Hearing filed.
Exhibits filed.
Source:  Florida - Division of Administrative Hearings

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