Petitioner: RONEY PALACE CONDOMINIUM ASSOCIATION, INC.
Respondent: DEPARTMENT OF ENVIRONMENTAL PROTECTION AND 2201 COLLINS FEE, LLC
Judges: D. R. ALEXANDER
Agency: Department of Environmental Protection
Locations: Miami, Florida
Filed: Aug. 31, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, December 7, 2006.
Latest Update: Dec. 23, 2024
STATE OF FLORIDA .
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Division of Water Resource Management
Bureau of Beaches and Coastal Systems
NOTE: THIS AUTHORIZATION
sitting ip
IS DIFFERENT FROM THE %
re
ORIGINAL REQUEST. SEE FS 3900 Commonwealth Blvd. - Mail Station 300
SPECIAL PERMIT Fy Tallahassee, Florida 32399-3000
CONDITIONS. = {850) 488-7708
PERMIT NUMBEB: DA Ba,
PERMITTEE
The Related Companies, LP a
c/o John R. Guttman, P.E. G . DAIWA
Consulting Engineering and Science, Inc. a)
8925 S.W. 148" Street, #100
Miami, Florida 33176 .
PERMIT FOR CONSTRUCTION OR OTHER ACTIVITIES
PURSUANT TO SECTION 161.053, FLORIDA STATUTES
FINAL ORDER
PINDINGS OF FACT: An application for authorization to conduct the activities seaward of the coastal
construction control line that are indicated in the project description, was filed by the applicant/permittee
named herein on November 17, 2005, and was determined to be complete pursuant to rule on April 25, 2006.
The proposed project is to be located landward of the 30-year erosion projection. The proposed habitable
major structure (condominium tower) is no farther seaward than the existing line of construction established
by similar major structures on the site and in the immediate area. The proposed non-habitable major
structures (cabanas, pool and pool bar) are to be located no farther seaward than the existing line of
construction established by similar major structures in the immediate area.
CONCLUSIONS OF LAW: After considering the merits of the proposal and any written objections from
affected persons, the Department finds that upon compliance with the permit conditions, the activities
indicated in the project description of this permit are of such a nature that they will result in no significant
adverse impacts to the beach/dune areas or to adjacent properties; that the work is not expected to adversely
impact nesting sea turtles, their hatchlings, or their habitat; that the work is expendable in nature and/or is
appropriately designed in accordance with Section 62B-33,005, Florida Administrative Code; and that it is
an activity or type of construction which the designee of the Chief of the Bureau of Beaches and Coastal
Systems has authority to approve or deny pursuant to Delegation of Authority, DEP Directive 137, effective
May 14, 2001. The direct and cumulative impacts to the beach and dune system that will be caused by the
seaward location and shore-parallel width of the proposed construction represent the maximum such impacts
that are acceptable to the Department. Therefore, future construction on the site seaward of the coastal
construction control line shall not extend further seaward, or increase the shore-paralle] coverage occupied
by, the proposed structures approved pursuant to this permit. Based on the foregoing considerations, the
designee approves the application; authorizes construction and/or activities at the location indicated below in
strict accordance with the project description, the approved plans (if any) and the General Permit Conditions
which are attached and are by this reference incorporated herein, and any additional conditions shown
below, pursuant to Section 161.053(5), Florida Statutes.
EXPIRATION DATE: July 21, 2009
PERMITTEE NAME: The Related Companies, LP
PERMIT FILE NUMBER: DA-527
PAGE 2
LOCATION: Between approximately 0 feet and 300 feet north of the Department of Environmental
Protection's reference monument R-63, in Dade County. Project address: The “W”, 2201 Collins Avenue,
Miami Beach.
PROJECT DESCRIPTION:
21-Story, 511-Unit Multifamily Dwelling
if Location relative to control line: A maximum of 135.6 feet seaward.
2. Exterior dimensions: A maximum of 369.5 feet in the shore-normal direction by a maximum of
213.2 feet in the shore-parallel direction.
3. Type of foundation: Piles.
4. First habitable floor elevation: +33.7 feet (NAVD).
Understructure Enclosure
lL. Location relative to control line: A maximum of 7.2 feet seaward, with a staircase system extending
30.5 feet seaward.
2. Exterior dimensions: A maximum 206.9 feet in the shore-normal direction by a maximum of 174.2
feet in the shore-parallel direction.
3. Elevation of enclosure slab: -5.2 feet (NAVD).
4, Excavation for enclosure area: Approximately 350 cubic yards.
§-Curved, Vehicular Tunnel
1. Location relative to control Jine: A maximum of 161.7 feet seaward.
2. Exterior dimensions: A maximum 20 feet in the general shore-normal direction by approximately
287 feet in the general shore-parallel direction.
3. Top of slab: Varying from low point elevation of -10.8 feet (NAVD) to high point elevation of +5.9
feet (NAVD).
Three-Story, Bungalows
1. Location relative to control line: A maximum of 175.2 feet seaward.
2. Exterior dimensions: A maximum 96.5 feet in the shore-normal direction by a maximum of 34.1
feet in the shore-parallel direction. :
we
Finished floor elevation: +5.9 feet (NAVD).
PERMITTEE NAME: The Related Companies, LP
PERMIT FILE NUMBER: DA-527
PAGE 3
Irregularly-Shaped, Swimming Pool #1
1
2.
>
3
4,
Location relative to control line: See Special Permit Condition 2.
Exterior dimensions: A maximum of 30.0 feet in the general shore-normal direction by a maximum
of 80.4 feet in the general shore-paralle! direction.
Deck elevation of swimming pool: +5.9 feet (NAVD).
Maximum depth of swimming pool: 5.4 feet.
Swimming Pool #2
is
2.
3.
4.
Location relative to control line: A maximum of 209.0 feet seaward.
Exterior dimensions: A maximum of 115.0 feet in the shore-normal direction by a maximum of 15.4
feet in the shore-parallel direction.
Deck elevation of swimming pool: +9.0 feet (NAVD).
Maximum depth of swimming pool: 5 feet.
Swimming Pool #3
1.
2.
bs
Location relative to control line: A maximum of 194.1 feet seaward,
Exterior dimensions: A maximum of 7.0 feet in the shore-normal direction by a maximum of 44.4
feet in the shore-parallel direction.
Deck elevation of swimming pool: +9.0 feet (NAVD).
Maximum depth of swimming pool: 5 feet.
Swimming Pool #4
ta
Location relative to control line: A maximum of 87.8 feet seaward.
Exterior dimensions: A maximum of 21.9 feet in the shore-normal direction by a maximum of 5.0
feet in the shore-parallel direction,
Deck elevation of swimming pool: +9.0 feet (NAVD).
Maximum depth of swimming pool: 5 feet,
PERMITTEE NAME: The Related Companies, LP
PERMIT FILE NUMBER: DA-527
PAGE 4
Excavation/Fill
1.
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us
Volume of excavation seaward of the control line for tunnel, basement, and pools: Approximately
4,850 cubic yards. Volume of net excavation: None; excavated material to be placed as fill on the
project site.
Location of excavation: Across the site predominantly within the footprint of the tunnel, the pools,
and the understructure enclosure.
Maximum depth of excavation: Varying from low point elevation of -10.8 feet (NAVD) to high
point elevation of +5.9 feet (NAVD).
Volume of fill to be placed: Approximately 4,960 cubic yards.
Location of fill to be placed: Across the site to a maximum distance of 279 feet seaward of the
control line, just landward of the erosion control line.
Other Structures/Activities
NV
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7.
8.
A frangible bar seaward of the pools. See Special Permit Condition 2.
A motor court service entry on the north side of the property is to be located a maximum distance of
45 feet seaward of the contral line.
Paver system within the pools, pool bar and cabana areas and is a maximum distance of 279 feet
seaward of the control line.
Seven, frangible cabana structures of dimension 11 feet in the general shore-parallel direction by
10.5 feet in the general shore-normal are to be located along the south corner of the property. See
Special Permit Condition 2.
Outside seating areas to be located across the site within the paver system.
Patio areas consisting of paver system are to be constructed on the north-side of the bungalows to
extend no farther seaward than 194 feet seaward of the control line.
Landscaping planting is to be located approximately 280 feet seaward of the control line.
Demolition of existing structures on site.
SPECIAL PERMIT CONDITIONS:
No work shall be conducted under this permit until the permittee has received a written notice to
proceed from the Department.
PERMITTEE NAME: The Related Companies, LP
PERMIT FILE NUMBER: DA-527
PAGE 5
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Prior to issuance of notice to proceed, the permittee shall submit two copies of @ revised site plan
depicting the pool, pool bar and cabana structures relocated landward to a maximum distance of
229, 262.4, and 270.6 feet, respectively, seaward of the control line.
Prior to issuance of the notice to proceed, the permittee shall submit an additional application
processing fee of $2.000 for the two swimming pools (pool #3 and pool #4) pursuant to Rule 62B-
33.0085, F.A.C,
Prior to issuance of the notice to proceed, the permittee shall provide written evidence that a public
notice of the Department's action has been published for one day in the largest newspaper of general
circulation in the county where the proposed project is located. A certification from the newspaper
showing compliance shall be provided to the staff. The public notice must be published within 10
days of the date of issuance of this permit.
Prior to commencement of construction activity authorized by this permit, a preconstruction
conference shall be held at the site among the contractor, the owner or authorized agent, and a staff
representative of the Bureau of Beaches and Coastal Systems (contact Mark Taynton at toll-free
pager number 1-877-314-1329) to establish an understanding among the parties as to the items
specified in the special and general conditions of the permit. The proposed locations of the
structures shall be staked out for the conference.
Construction activity authorized by this permit shall not commence until after the time period
provided in the public notice for the public to exercise any rights they may have under Chapter 120,
Florida Statutes, has expired, or if a hearing is requested, disposition of the hearing request has been
made.
All imported fill material shall be obtained from a source landward of the control line and shall
consist of sand which is similar to that already on the site in both grain size and coloration. This fill
material shall be free of construction debris, rocks, or other foreign matter. A sample of the sand
shall be provided to the staff representative during the preconstruction conference.
All permanent exterior lighting shall be installed and maintained as depicted on the approved
lighting schematic and cut sheets stamped FISH AND WILDLIFE CONSERVATION
COMMISSION APPROVED LIGHTING PLAN signed and dated June 6, 2006. No additional
exterior lighting is authorized.
If any of the lights become visible from the beach or disorient nesting or hatchling sea turtles at any
time, they must be modified such that they are not longer visible from the beach.
Tinted glass or film with a visible light transmittance value of forty-five (45) percent or less shall be
applied to all windows and doors within line of sight of the beach.
Pool lights should be turned off from 10:00 pm to sunrise during turtle nesting season (May |*
through October 31°) while the pool is closed. The use of an automatic timer is acceptable.
PERMITTEE NAME: The Related Companies, LP
PERMIT FILE NUMBER: DA-527
PAGE 6
CAVEAT:
Due to potential adverse impacts to the beach and dune system that may result from additional development
on the property, the shore-parallel and seaward extent of the permitted structures shall not be increased, nor
will any additional major structures be permitted which would exceed the limits established by the permitted
construction seaward of the coastal construction control line.
Approved plans are incorporated into this permit by reference.
Done and ordered this Uf day of C\¢/ 2006, in Tallahassee, Florida.
Attachment: General Permit Conditions
FILING AND ACKNOWLEDGEMENT State of Florida
FILED, on this date, pursuant to $120.52 eépartment of Envirénmental Pagection?
Florida Statutes, with the designated é . a
Department Clerk, receipt of which is hereby
acknowledged.
Docket for Case No: 06-003285
Issue Date |
Proceedings |
Dec. 07, 2006 |
Order Closing Files. CASE CLOSED.
|
Dec. 07, 2006 |
Notice of Voluntary Dismissal filed.
|
Dec. 07, 2006 |
Notice of Voluntary Dismissal filed.
|
Dec. 05, 2006 |
Amended Notice of Telephonic Hearing filed.
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Dec. 05, 2006 |
Notice of Telephonic Hearing filed.
|
Dec. 01, 2006 |
2201 Collins Fee, LLC`s Response in Opposition to Petitioner`s Request for Limited Evidentiary Hearing filed.
|
Dec. 01, 2006 |
Roney Palace Condominum Association, Inc.`s Objection to Respondents` Joint Status Report and Request for Evidentiary Hearing on the Issue of Delay filed.
|
Dec. 01, 2006 |
Petitioners` Joint Status Report filed.
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Dec. 01, 2006 |
Joint Status Report and Request to Reschedule Trial filed.
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Nov. 16, 2006 |
Order Cancelling Hearing and Placing Case in Abeyance (parties to advise status by December 1, 2006).
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Nov. 16, 2006 |
Joint Motion for Continuance filed.
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Nov. 14, 2006 |
Response to Roney Palace Condominium Association, Inc.`s Emergency Motion to Clarify filed.
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Nov. 13, 2006 |
Petitioners` Joint Exhibit List filed.
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Nov. 13, 2006 |
Roney Palace Condominium Association, Inc.`s Emergency Motion to Clarify and/or Extend Time to Complete Disclosure of Expert Opinions or Alternatively for Continuance of Trial filed.
|
Nov. 09, 2006 |
Roney Palace Condominium Association, Inc.`s Motion for Extension of Time to Respond to Motion for Attorney`s Fees filed.
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Nov. 08, 2006 |
Notice of Taking Deposition Duces Tecum (2) filed.
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Nov. 08, 2006 |
Roney Palace Condominium Association, Inc.`s Disclosure of Expert Witnesses and Document Exchange filed.
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Nov. 07, 2006 |
Petitioner Mato Colak`s Response in Opposition to 2201 Collins Fee, LLC`s Motion for Section 120.595 Costs and Attorney`s Fees filed.
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Nov. 06, 2006 |
Respondent Department of Environmental Protection`s Amended Response to Request for Production of Documents from Petitioner, Mato Colak filed.
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Nov. 03, 2006 |
Notice of Taking Deposition of John Guttman Duces Tecum filed.
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Nov. 03, 2006 |
Respondent Department of Environmental Protection`s Response to Request for Production of Documents from Petitioner, Mato Colak filed.
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Nov. 02, 2006 |
Order (request to abate these proceedings is denied).
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Nov. 01, 2006 |
2201 Collins Fee, LLC`s Motion for Section 120.595 Costs and Attorney`s Fees Against Mato Colak and Roney Palace Condominium Association filed.
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Nov. 01, 2006 |
2201 Collins Fee, LLC"s Response to Roney Palace Condominium Association, Inc.`s Motion for Extension of Time to Disclose Expert filed.
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Oct. 31, 2006 |
2201 Collins Fee, LLC"s Response to Roney Palace Condominium Association, Inc.`s Motion to Amend Petition and to Abate Proceedings filed.
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Oct. 30, 2006 |
Petitioner Roney Palace Condominium Association, Inc.`s Motion to Amend Petition for Failure to Comply with Public Notice Requirements of Permit and to Abate Proceedings filed.
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Oct. 30, 2006 |
Roney Palace Condominium Association, Inc.`s Motion for Extension of Time to Disclose Expert filed.
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Oct. 30, 2006 |
Order on Motions.
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Oct. 27, 2006 |
Respondent Department of Environmental Protection`s Response to First Request for Production of Documents from Petitioner, Roney Palace Condominium Association, Inc. filed.
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Oct. 27, 2006 |
Respondent Department of Environmental Protection`s Response to First Set of Interrogatories from Petitioner, Roney Palace Condominium Association, Inc. filed.
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Oct. 25, 2006 |
2201 Collins Fee, LLC`s Response to Mato Colak`s Request to Produce filed.
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Oct. 25, 2006 |
2201 Collins Fee, LLC`s Response to Roney Palace Condominium Association, Inc.`s Request to Produce filed.
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Oct. 25, 2006 |
2201 Collins Fee, LLC`s Answers to Roney Palace Condominium Association, Inc.`s First Set of Interrogatories filed.
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Oct. 24, 2006 |
Order (Department of Environmental Protection agrees to respond to all outstanding discovery requests filed by Roney no later than October 27, 2006).
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Oct. 23, 2006 |
Petitioner Roney Palace Condominium Association Response in Opposition to 2201 Collins Fee, LLC`s Motion in Limine Concerning Miami Beach Historical Preservation Board filed.
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Oct. 23, 2006 |
Petitioner Roney Palace Condominium Association Response in Opposition to 2201 Collins Fee, LLC`s Motion in Limine Concerning Notice to Neighboring Properties filed.
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Oct. 23, 2006 |
Petitioner Roney Palace Condominium Association Response in Opposition to 2201 Collins Fee, LLC`s Motion in Limine Concerning Owner of Record for CCCL Permit filed.
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Oct. 23, 2006 |
Notice of Taking Deposition of Celora Jackson filed.
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Oct. 23, 2006 |
Notice of Taking Deposition of Tony McNeal filed.
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Oct. 23, 2006 |
Petitioner`s Response in Opposition to 2201 Collins Fee, LLC`s Motion in Limine Concerning Miami Beach Historical Preservation Board filed.
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Oct. 23, 2006 |
Petitioner`s Response in Opposition to 2201 Collins Fee, LLC`s Motion in Limine Concerning Notice to Neighboring Properties filed.
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Oct. 23, 2006 |
Petitioner`s Response in Opposition to 2201 Collins Fee, LLC`s Motion in Limine Concerning Owner of Record for CCCL Permit filed.
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Oct. 16, 2006 |
2201 Collins Fee, LLC`s Motion in Limine Concerning Notice to Neighboring Properties filed.
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Oct. 13, 2006 |
2201 Collins Fee, LLC`s Motion in Limine Concerning Owner of Record for CCCL Permit filed.
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Oct. 13, 2006 |
2201 Collins Fee, LLC`s Motion in Limine Concerning Miami Beach Historical Preservation Board filed.
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Oct. 12, 2006 |
(Proposed) Agreed Order on Roney Palace Condominium Association`s Motion to Reduce the DEP`s Time to Respond to Discovery filed.
|
Oct. 12, 2006 |
Roney Palace Condominium Association, Inc.`s First Set of Interrogatories to Respondent State of Florida Department of Environmental Protection filed.
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Oct. 12, 2006 |
Roney Palace Condominium Association, Inc.`s First Request for Production of Documents to Respondent State of Florida Department of Environmental Protection filed.
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Oct. 12, 2006 |
Roney Palace Condominium Association, Inc.`s First Set of Interrogatories to Respondent 2201 Collins Fee, LLC filed.
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Oct. 12, 2006 |
Roney Palace Condominium Association, Inc.`s First Request for Production of Documents to Respondent 2201 Collins Fee, LLC filed.
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Oct. 05, 2006 |
Roney Palace Condominium Association, Inc.`s Response to The Related Companies, LP`s First Request for Production of Documents filed.
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Oct. 05, 2006 |
Roney Palace Condominium Association, Inc.`s Rsponse to First Request for Production Document Log filed.
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Oct. 05, 2006 |
Document Log filed.
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Oct. 05, 2006 |
Petitioner`s Notice of Filing of Privileged Communications Log, Work Product Log, and Document Log.
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Oct. 05, 2006 |
Roney Palace Condominium Association, Inc.`s Response to The Related Companies, LP`s First Request for Admissions filed.
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Oct. 05, 2006 |
Roney Palace Condominium Association, Inc.`s Response to The Related Companies, LP`s First Set of Interrogatories filed.
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Oct. 04, 2006 |
Order Granting Motion (to Correct Co-Respondent`s Name, style of the case is changed to reflect that 2201 Collins Fee, LLC, is the proper Co-Respondent).
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Oct. 02, 2006 |
Order (Related Companies, LP, has agreed to answer all discovery requests propounded by Roney no later than seven days after service).
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Oct. 02, 2006 |
Roney Palace Condominium Association, Inc.`s Response to The Related Companies, LP`s First Request for Admissions filed.
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Oct. 02, 2006 |
Roney Palace Condominium Association, Inc.`s Response to The Related Companies, LP`s First Request for Production of Documents filed.
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Oct. 02, 2006 |
Roney Palace Condominium Association, Inc.`s Response to The Related Companies, LP`s First Set of Interrogatories filed.
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Oct. 02, 2006 |
Petitioner`s Notice of Filing of Privileged Communications Log, Work Product Log, and Document Log filed.
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Sep. 28, 2006 |
Notice of Objection to any Request for Continuance filed.
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Sep. 28, 2006 |
Notice of Hearing (Special Set 15 Min. Telephone Conference) filed.
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Sep. 28, 2006 |
Response to Motion for Protective Order filed.
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Sep. 28, 2006 |
The Related Companies, LP`s Notice of Service of its First Set of Interrogatories to Roney Palace Condominium Association, Inc. filed.
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Sep. 28, 2006 |
The Related Companies, LP First Request for Production to Petitioner, Roney Palace Condominium Association, Inc. filed.
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Sep. 28, 2006 |
The Related Companies, LP First Request for Admissions to Roney Palace Condominium Association filed.
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Sep. 28, 2006 |
Notice of Filing Previously Served Discovery on Roney Palace Condominium Association, Inc.
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Sep. 25, 2006 |
Petitioner`s Response to Respondent`s Request for Production filed.
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Sep. 25, 2006 |
Petitioner`s Notice of Filing Answers to Respondent`s First Set of Interrogatories filed.
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Sep. 25, 2006 |
Notice of Filing Certified Copies of Portions of Permit File DA000527.
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Sep. 25, 2006 |
The Related Companies, LP`s Reply to Roney Palace`s Response to Motion to Correct Co Respondent`s Name filed.
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Sep. 25, 2006 |
Roney Palace Condominium Association, Inc.`s Motion for Protective Order filed.
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Sep. 25, 2006 |
Petitioner`s Response in Opposition to Department of Environmental Protection`s Motion to Amend Co-Respondent`s Name filed.
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Sep. 22, 2006 |
Notice of Taking Deposition filed.
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Sep. 21, 2006 |
Roney Palace Condominium Association, Inc.`s Response to Motion to Correct Co-respondent`s Name filed.
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Sep. 21, 2006 |
Roney Palace Condoninium Association, Inc.`s Supplemental Motion for Extension of Time filed.
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Sep. 20, 2006 |
Roney Palace Condominium Association, Inc.`s Motion for Extension of Time filed.
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Sep. 13, 2006 |
Department of Environmental Protection`s Motion to Correct Co Respondent`s Name filed.
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Sep. 12, 2006 |
Order of Pre-hearing Instructions.
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Sep. 12, 2006 |
Notice of Hearing (hearing set for November 20 and 21, 2006; 9:30 a.m.; Miami, FL).
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Sep. 11, 2006 |
Notice of Availability for Hearing of Consolidated Cases filed.
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Sep. 08, 2006 |
Notice of Availability filed.
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Sep. 07, 2006 |
Order (DOAH Case Nos. 06-3044 and 06-3285 are consolidated).
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Sep. 06, 2006 |
Order of Consolidation (DOAH Case Nos. 06-3044, 06-3285). |
Aug. 31, 2006 |
Initial Order.
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Aug. 31, 2006 |
The Related Companies, LP`s First Request for Production to Petitioner, Roney Palace Condominium Association filed.
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Aug. 31, 2006 |
The Related Companies, LP First Request for Admissions to Roney Palace Condominium Association filed.
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Aug. 31, 2006 |
The Related Companies, LP`s Notice of Service of its First Set of Interrogatories to Roney Palace Condominium Association, Inc. filed.
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Aug. 31, 2006 |
Corrected Petition for Formal Administrative Proceeding filed.
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Aug. 31, 2006 |
Final Order filed.
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Aug. 31, 2006 |
Request for Assignment of Administrative Law Judge and Notice of Preservation of Record filed.
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