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AHMED THALJI vs SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT AND H.B.J. INVESTMENTS, 00-001946F (2000)

Court: Division of Administrative Hearings, Florida Number: 00-001946F Visitors: 14
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).
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.
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.
Source:  Florida - Division of Administrative Hearings

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