08-001316 St. Johns Riverkeeper, Inc., City Of Jacksonville, And St. Johns County vs. St. Johns River Water Management District
 Status: Closed
DOAH Final Order on Friday, December 18, 2009.


View Dockets  
Summary: Applicant did not prove entitlement under Sections 57.105 and 120.595, Florida Statutes.

1STATE OF FLORIDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8ST. JOHNS RIVERKEEPER, INC., )

13CITY OF JACKSONVILLE, and ST. )

19JOHNS COUNTY, )

22)

23Petitioners, )

25)

26vs. ) Case Nos. 08-1316

31) 08-1317

33ST. JOHNS RIVER WATER ) 08-1318

39MANAGEMENT DISTRICT, )

42)

43Respondent, )

45)

46and )

48)

49SEMINOLE COUNTY, )

52)

53Intervenor. )

55)

56FINAL ORDER

58On October 9, 2009, a hearing was held in this case before

70J. Lawrence Johnston, Administrative Law Judge, Division of

78Administrative Hearings (DOAH).

81APPEARANCES

82For Petitioner St. Johns Riverkeeper, Inc.:

88John R. Thomas, Esquire

92Thomas & Associates, P.A.

96233 Third Street North, Suite 101

102St. Petersburg, Florida 33701-3818

106Michael L. Howle, Esquire

110Howle Law Firm, P.A.

1141437 Walnut Street

117Jacksonville, Florida 32206-4636

120Kenneth B. Wright, Esquire

124Bledsoe Jacobson Schmidt & Wright

1291301 Riverplace Boulevard, Suite 1818

134Jacksonville, Florida 32207-9022

137For Petitioner City of Jacksonville:

142Jason R. Teal, Esquire

146City of Jacksonville

149117 West Duval Street, Suite 480

155Jacksonville, Florida 32202

158Seann M. Frazier, Esquire

162Greenberg Traurig, P.A.

165101 East College Avenue

169Tallahassee, Florida 32302-7742

172For Intervenor: Edward P. de la Parte, Jr., Esquire

181Nicolas Q. Porter, Esquire

185de la Parte & Gilbert, P.A.

191101 East Kennedy Boulevard, Suite 2000

197Tampa, Florida 33602

200STATEMENT OF THE ISSUES

204The issues are whether attorney's fees and costs should be

214assessed against Petitioners, St. Johns Riverkeeper, Inc.

221(Riverkeeper), and City of Jacksonville (Jacksonville), and paid

229to Intervenor, Seminole County (Seminole), under Sections

236120.595(1) and 57.105, Florida Statutes. 1

242PRELIMINARY STATEMENT

244Seminole applied to the St. Johns River Water Management

253District (SJRWMD) for a consumptive use permit (CUP) to withdraw

263water from the St. Johns River. When SJRWMD issued a Technical

274Staff Report (TSR) and gave notice of its intent to grant a CUP

287to Seminole, Riverkeeper and Jacksonville filed challenges that

295were referred to DOAH for a hearing. Before the hearing,

305Seminole filed motions for attorney's fees and costs against

314Riverkeeper and Jacksonville under Sections 120.595(1) and

32157.105, Florida Statutes. After the CUP hearing, a Recommended

330Order (RO) and a Final Order (FO) were entered granting a CUP to

343Seminole, with an added condition that Seminole would not

352withdraw surface water from the river on any day after there were

364discharges to the river from the Iron Bridge Regional Wastewater

374Treatment Facility during times of the year when algal blooms may

385occur (the Iron Bridge condition). Jurisdiction over the motions

394for attorney's fees and costs was reserved. After the CUP FO,

405Seminole invoked the reserved jurisdiction, and a hearing was

414scheduled for August 17 and rescheduled for October 9, 2009, in

425Tallahassee.

426Prior to the hearing, the part of Seminole's motion seeking

436attorney's fees and costs under Section 120.595(1), Florida

444Statutes, was stricken as to Riverkeeper based on Riverkeeper's

453argument that it was not a "non-prevailing adverse party" due to

464the addition of the Iron Bridge condition. Jacksonville did not

474seek similar relief before the hearing.

480At the hearing, Seminole called three witnesses:

487Neil Armingeon; Jimmy Orth; and Lisa Rinaman. Seminole also had

497Jacksonville Exhibit 6 and Seminole Exhibits A20, A22, A25-A28,

506A30, A39, A45-A50, A54, A56, A60, A71, A73, A84, A89 (clips 2 and

5194), and A90 admitted in evidence. Seminole also offered

528deposition transcripts as its Exhibits A1-A3, A6, A7, A10, A12,

538and A15-A18, but it was agreed that excerpts would be designated

549post-hearing, subject to the rulings on objections.

556Jacksonville called Dana Morton and had its Exhibits 3-5

565admitted in evidence. Riverkeeper re-called Mr. Armingeon and

573called Michael Howle, Esquire. Riverkeeper also offered its

581Exhibits 5, 6, and 11. Riverkeeper Exhibit 11 was admitted in

592evidence. Ruling was reserved on objections to Exhibits 5 and 6;

603the objections are overruled, and Exhibits 5 and 6 are admitted

614in evidence.

616Seminole, Jacksonville, and Riverkeeper requested official

622recognition of various documents (including exhibits and excerpts

630from the testimony previously admitted in evidence during the CUP

640hearing), but it was agreed that excerpts would be designated

650post-hearing, subject to the rulings on objections.

657A three-volume Transcript of the final hearing was filed on

667October 26, 2009. A schedule was established for designating

676official recognition documents and deposition transcript

682excerpts, objections, and cross-designations. The objections

688were overruled. Jacksonville's designated official recognition

694document (Chapter 95 of the Jacksonville Ordinance Code), and all

704deposition transcript excerpts designated as Seminole Exhibits

711A1-A3, A6, A7, A10, A12, and A15-A18, plus an additional

721deposition transcript, with deposition exhibits 174-188,

727designated by Seminole as its Exhibit A9, were received in

737evidence. 2

739The parties were given until December 1, 2009, to file

749proposed final orders, and those filings have been fully

758considered.

759FINDINGS OF FACT

762A. Prevailing Party Fees and Costs against Jacksonville

7701. Like Riverkeeper, Jacksonville opposed Seminole's CUP

777in part because Seminole did not provide reasonable assurance

786that the proposed CUP would not cause adverse environmental

795impacts, including water quality impacts. The CUP RO and FO

805found that the Iron Bridge condition was intended to resolve

815those concerns by providing the necessary assurance as to water

825quality.

8262. Seminole asserts that Jacksonville cannot rely on the

835Iron Bridge condition because it withdrew all issues as to

845water quality. Although Jacksonville withdrew paragraphs 35(d)

852and 41(d) of its Petition, which identified water quality as a

863disputed issue of material fact, Jacksonville did not withdraw

872paragraphs 35(e) and (j), 36, 46-48, 61, and 63, which asserted

883a failure by SJRWMD to properly ascertain the extent of harm to

895the river's water quality and environmental values.

9023. Seminole also asserts that Jacksonville's professed

909concern about the water quality issue addressed by the Iron

919Bridge condition is a fabrication to avoid liability for

928attorney's fees and costs. But in his deposition on August 31,

9392008, Mr. Morton testified that his concerns included

"947biological integrity, potential for dissolved oxygen

953violations, [and] potential for the narrative nutrient

960standards to be impacted." He also testified that he had

970numerous discussions with several experts for SJRWMD on the

979river's water quality, including John Hendrickson, whose

986testimony and evidence at the CUP hearing was the factual basis

997for the Iron Bridge condition.

10024. Seminole asserts that Jacksonville's reliance on the

1010Iron Bridge condition cannot be based on Mr. Morton's testimony

1020because: he testified during his deposition on August 31,

10292008, that he knew of nutrient level violations in Duval

1039County, but not upstream; by the time of his deposition,

1049Jacksonville already stipulated it would not raise the issue

"1058whether the Proposed Use will cause detrimental environmental

1066effects in that portion of the river located in Duval County";

1077and Jacksonville withdrew all water quality claims and

1085stipulated at the CUP hearing that it no longer contested water

1096quality and nutrient loading.

11005. The stipulation to which Seminole refers was the

1109following exchange of counsel during the CUP hearing:

1117MR. de la PARTE: Your Honor, we would

1125move Seminole County Exhibits 50 and 51 into

1133evidence. There's an objection on the basis

1140of relevance.

1142MR. WRIGHT: Your Honor, the issue of

1149nutrient loading, and specifically the TMDL,

1155is no longer an issue in this case. And on

1165that basis, we don't believe that these

1172exhibits are relevant.

1175MR. de la PARTE: Let me just make it

1184clear, because there was still an issue of

1192serious harm to water quality in the river

1200was reserved as an issue. I'm all for

1208knocking out issues, if we can. If the

1216nutrient loading part of that is no longer an

1225issue in this proceeding, we would not move

1233these into evidence, Your Honor, but we were

1241under the assumption that that was still

1248something that the Petitioners were raising

1254in the case, as a result of the proposed

1263withdrawal.

1264MR. FRAZIER: For Jacksonville, that

1269issue is withdrawn. The stipulation withdrew

1275that issue, for us at least.

1281MR. WRIGHT: As far as the issues for

1289purposes of meeting the TMDL, it's not an

1297issue for us either.

1301This stipulation addressed total maximum daily load (TMDL)

1309nutrient loading limitations. It is not clear that Jacksonville

1318was waiving the issue that increased "residence time" of

1327nutrients in the river from reduced flow would increase algal

1337biomass and the duration of algal blooms, or that those issues

1348did not remain within the water quality issues preserved by

1358Jacksonville.

1359B. Sanctions for Unreasonable Delay under § 57.105(3)

13676. Seminole asserts that Riverkeeper and Jacksonville

1374filed their challenges to Seminole's CUP primarily for the

1383purpose of unreasonable delay. Riverkeeper and Jacksonville

1390knew their challenges would delay the issuance of Seminole's

1399CUP. They also maintained that SJRWMD should not issue the CUP

1410before the completion of a study of the cumulative impacts of

1421surface water withdrawals from the St. Johns River and its

1431largest tributary, the Oklawaha River.

14367. Seminole argued that Riverkeeper's primary purpose of

1444unreasonable delay was proven by statements made in various

1453member newsletters and internet blogs to the effect that more

1463than just the allocation of surface water requested in

1472Seminole's CUP was at stake because more CUP applications to

1482withdraw surface water from the river would follow Seminole's

1491CUP. Those statements were made for purposes of rallying

1500support among the members and increasing membership, were based

1509on information available at the time (some of which was

1519inaccurate), and often were "cut-and-pasted" from previous

1526statements to save time and effort (sometimes resulting in

1535erroneous information being included).

15398. Seminole also argued that Jacksonville's primary

1546purpose of unreasonable delay was proven by Jacksonville's

1554narrowing of the environmental issues, and limitation of its

1563evidentiary presentation to impingement and entrainment of

1570aquatic organisms in the intake structure for the CUP, which

1580would not justify Jacksonville's litigation of the CUP case.

1589But the environmental issues preserved by Jacksonville, and

1597evidence presented by all the parties during the CUP hearing,

1607were broader than just impingement and entrainment. They

1615included alleged impacts on salinity, submerged aquatic

1622vegetation, and increased "residence time" of nutrients in the

1631river from reduced flow (enough to increase algal biomass and

1641the duration of algal blooms), and other environmental features

1650of the St. Johns River.

16559. Seminole argues that unreasonable delay was proven by

1664findings in the CUP RO and FO that further delay until after

1676the completion of SJRWMD's cumulative impacts study was

1684unwarranted and not in the public interest. But that is not

1695the same as a finding that Petitioners' participation in the

1705CUP proceeding was primarily for the purpose of unreasonable

1714delay.

171510. Seminole did not prove that the primary purpose of

1725Riverkeeper and Jacksonville was to unreasonably delay the

1733issuance of the CUP. Rather, their primary purpose was to

1743prevent the CUP from being issued without reasonable assurances

1752that all permitting criteria were met (including not only

1761environmental criteria but also need for the requested

1769allocations). The delay inherent in the proceeding was not

1778unreasonable. Neither Riverkeeper nor Jacksonville litigated

1784in a way calculated to lengthen the proceeding unnecessarily or

1794unreasonably.

1795C. Sanction for Lack of Factual Support for Claims

180411. Seminole also asserts that Riverkeeper and

1811Jacksonville knew or should have known that several of their

1821claims were not supported by the material facts necessary to

1831establish the claims or by the application of then-existing law

1841to those material facts.

1845(i) Environmental Claims

184812. The CUP RO and FO found no measurable impacts on

1859salinity, submerged aquatic vegetation, and several other

1866environmental features of the St. Johns River.

187313. As to those environmental claims, not proven at the

1883CUP hearing, Riverkeeper presented the testimony and evidence

1891of: Quinton White, Ph.D., an expert in marine biology; Mark E.

1902Luther, Ph.D., an expert in hydrology and hydrologic modeling;

1911and Roy R. (Robin) Lewis, III, an expert in ecology.

1921Jacksonville presented the testimony and evidence of

1928Terry Cheek, C.F.P., an expert in biology.

193514. It was reasonable for Riverkeeper and Jacksonville to

1944believe they could support these environmental claims with the

1953material facts necessary to establish the claims and by the

1963application of then-existing law to those material facts.

197115. In addition, the CUP RO and FO found that, without

1982the Iron Bridge condition, reduced flow from the withdrawals

1991would increase "residence time" of nutrients in the river

2000enough to increase algal biomass and the duration of algal

2010blooms. This finding related to most, if not all, of the

2021environmental claims filed by Riverkeeper and Jacksonville.

2028(ii) Need Claims

203116. In the CUP case, Riverkeeper and Jacksonville claimed

2040that Seminole did not need the requested allocation of surface

2050water. Seminole asserts that Riverkeeper and Jacksonville knew

2058or should have known that those claims were not supported by

2069the material facts necessary to establish the claims or by the

2080application of then-existing law to those material facts.

208817. The CUP RO and FO found a need for the CUP based in

2102large part on the interplay between the St. Johns River surface

2113water CUP and a pending application to consolidate Seminole's

2122existing groundwater CUPs, which were expired or expiring. It

2131did not appear that any party anticipated a finding that the

2142interplay between the two CUPs established a clear need for the

2153allocation of surface water requested in the CUP. Instead, all

2163parties appeared to assume Seminole's entitlement to at least

2172the groundwater allocations requested in the pending

2179groundwater CUP application. (Riverkeeper asserted that

2185higher-than-requested groundwater allocations should have been

2191assumed.) Seminole (and SJRWMD) appeared to recognize the

2199interplay between the two CUPs as essentially a "safety

2208feature" that would correct any over-allocation of surface

2216water.

221718. At the CUP hearing, Riverkeeper presented the

2225testimony and evidence of Dr. John Woolschlager, an engineer.

2234Jacksonville presented the testimony and evidence of

2241Nolton Johnson, also an engineer. Riverkeeper and Jacksonville

2249also cross-examined Richard Doty, an expert for SJRWMD, and

2258Dr. Terrence McCue, an expert for Seminole. But for the

2268unanticipated finding on the interplay between the surface

2276water and groundwater CUPs, the evidence on demonstration of

2285need could have supported a finding that Seminole did not

2295demonstrate a need for the entire requested surface water CUP

2305allocation. It was reasonable for Riverkeeper and Jacksonville

2313to believe they could support their claims, that not all of

2324Seminole's requested surface water CUP allocation was needed,

2332with the material facts necessary to establish the claims and

2342by the application of then-existing law to those material

2351facts.

2352D. Factual Support for Claims Unknown When Filed

236019. Seminole appears to argue that, regardless of what

2369may have been reasonable at the time of the CUP hearing, it was

2382not reasonable at the time of filing for Riverkeeper and

2392Jacksonville to believe that they could support their claims

2401with the material facts necessary to establish the claims and

2411by the application of then-existing law to those material

2420facts. This argument is rejected.

2425(i) Jacksonville

242720. Jacksonville's initial Petition was filed on March 4,

24362008. An Amended Petition was filed on April 17, 2008,

2446supported by the affidavit of Vincent Seibold, Jacksonville's

2454Division Chief for Environmental Quality. Mr. Seibold's

2461affidavit swore that Seminole's proposed use may have the

2470effect of impairing, polluting, or otherwise injuring the water

2479or other natural resources of the State. On June 18, 2008,

2490Jacksonville filed a Corrected Petition to Intervene, which was

2499treated as a Second Amended Petition. It was supported by the

2510affidavit of Dana Morton, an aquatic biologist employed by

2519Jacksonville. His affidavit swore that Seminole's proposed CUP

2527will have the effect of impairing, polluting, or otherwise

2536injuring the water or other natural resources of the State.

254621. Seminole took Mr. Seibold's deposition on July 31,

25552008. Mr. Seibold, a professional engineer, testified at his

2564deposition that he used "may" rather than "will" in his

2574affidavit because he did not have enough information to

2583determine whether Seminole's proposed use was permittable. He

2591testified that he would have to review more information

2600regarding Seminole's proposed use than was available at the

2609time of his deposition to allege that Seminole's proposed CUP

2619will have the effect of impairing, polluting, or otherwise

2628injuring the water or other natural resources of the State. He

2639also testified that he was referring to impairment or injury

2649from impingement and entrainment and from increases in

2657salinity. He had not seen any studies or specific information

2667regarding the design of Seminole's intake structure that would

2676support his conclusion and was unaware of any data indicating

2686that measurable increases in salinity would result from

2694Seminole's CUP withdrawals. Mr. Seibold also testified that

2702neither he nor his staff had evaluated whether Seminole's

2711proposed CUP was necessary to fulfill a potable demand, but the

2722proposed CUP did not demonstrate to him that there was a need

2734for the part of the allocation intended to augment Seminole's

2744reuse system. Overall, Mr. Seibold did not think that the

2754proposed CUP provided reasonable assurance that it was

2762permittable.

276322. Seminole took Mr. Morton's deposition on August 31,

27722008. During his 20 years of work for the City, Mr. Morton has

2785studied St. Johns River extensively. He would be considered

2794the City's in-house expert for purposes of evaluating impacts

2803from a proposed surface water withdrawal on the overall

2812biological or ecological health of the river.

281923. Mr. Morton reviewed the Corrected Petition to

2827Intervene a few hours before he signed his affidavit. He did

2838not conduct his own separate study or technical analysis of the

2849potential environmental impacts of Seminole's proposed

2855withdrawal. His affidavit was based on his review of the TSR

2866and his knowledge of the river, which included discussions with

2876several experts for SJRWMD on the river's water quality,

2885including Mr. Hendrickson.

288824. As he testified in his deposition on August 31, 2008,

2899Mr. Morton's environmental concerns included adverse impacts to

2907biological integrity, potential for dissolved oxygen

2913violations, and potential for the narrative nutrient standards.

2921He also testified that, shortly after signing his affidavit, he

2931had additional discussions with several experts for SJRWMD,

2939including Mr. Hendrickson, on the proposed CUP's impacts on the

2949water quality of the river. He clarified in his deposition on

2960July 27, 2009, and in testimony during the attorney's fee

2970hearing on October 9, 2009, that his concerns about the

2980proposed CUP's impacts on the water quality of the river

2990included impacts from increased nutrient residence time and

2998algae blooms.

300025. Seminole also takes the position that Jacksonville

3008must be limited to the testimony of Terry Cheek and

3018Nolton Johnson, the two retained experts produced by

3026Jacksonville for deposition on August 31, 2008, to testify

3035regarding the "basis and evidence" for each of Jacksonville's

3044allegations. Mr. Cheek testified regarding Jacksonville's

3050allegations of environmental harm, and Mr. Johnson testified

3058regarding Jacksonville's allegations that Seminole did not need

3066the requested allocation of water.

307126. At his deposition, Mr. Cheek testified that he did

3081not become aware of Seminole's CUP until May 2008, and that the

3093work he performed occurred after the filing of Jacksonville's

3102original Petition. Mr. Cheek testified that he was unaware of

3112any measurable impact that Seminole's proposed CUP would have

3121on water quantity and quality, on wetlands, estuaries or other

3131aspects of the natural resource, other than entrainment and

3140impingement of fish eggs in the CUP intake structure.

314927. Mr. Johnson testified that Seminole did not need the

3159requested allocation of water. Mr. Johnson testified he was

3168not aware of Seminole's CUP until June 2008.

317628. Notwithstanding Jacksonville's designation of

3181Mr. Cheek and Mr. Nolton to answer Seminole's deposition

3190questions as to the "basis and evidence" for Jacksonville's

3199allegations, it was reasonably clear that Jacksonville also was

3208relying on the testimony of Mr. Seibold and Mr. Morton, whose

3219depositions were taken, respectively, a month earlier and on

3228the same day as the depositions of Mr. Cheek and Mr. Johnson.

3240(ii) Riverkeeper

324229. Riverkeeper's Petition challenging Seminole's

3247proposed CUP on March 4, 2008, was prepared by Neil Armingeon

3258and Riverkeeper's part-time, in-house counsel, Michael Howle.

3265Both had considerable knowledge about the St. Johns River and

3275the environmental concerns experts have about the river and

3284surface water withdrawals from it. They also had consulted

3293with John Woolschlager, P.E., Ph.D., who was on the faculty of

3304the University of North Florida at the time, on the subject of

3316minimum flows and levels for the river. They reviewed SJRWMD's

3326TSR on Seminole's proposed CUP. Attorney Howle, and to a more

3337limited extent Mr. Armingeon, also reviewed the CUP application

3346and Seminole's responses to requests for additional information

3354before preparing Riverkeeper's Petition.

335830. According to the testimony of Attorney Howle, he also

3368consulted with Dr. Woolschlager specifically on Seminole's CUP

3376after Dr. Woolschlager reviewed the TSR and the CUP application

3386documents that were posted at the District's website

3394e-permitting portal, and Dr. Woolschlager provided a

3401preliminary opinion that the requested allocation of surface

3409water from the river was not needed. Seminole attacked on the

3420credibility of Riverkeeper's evidence, pointing out

3426Dr. Woolschlager's deposition testimony in the CUP case that

3435his work for Riverkeeper on the case began after his retention

3446as an expert witness in August 2008. The testimony of Attorney

3457Howle and Mr. Armingeon explained that, at the time his

3467preliminary opinion was given, Dr. Woolschlager proposed terms

3475for his formal retention in a draft agreement. Riverkeeper's

3484all-volunteer Board of Directors, which meets only monthly and

3493carefully considers all substantial expenditures, did not

3500immediately approve Dr. Woolschlager's proposed retention.

3506Before Riverkeeper's Board voted to retain him,

3513Dr. Woolschlager accepted a faculty position in Arizona.

3521During the time he was moving himself and his family from

3532Florida to Arizona and commencing employment in Arizona,

3540Riverkeeper had difficulty communicating with Dr. Woolschlager.

354731. Seminole attacked the credibility of the testimony of

3556Attorney Howle and Mr. Armingeon, challenging Riverkeeper to

3564produce any corroborating evidence. In response, Riverkeeper

3571produced a copy of Dr. Woolschlager's proposed retainer

3579agreement dated February 27, 2008, which was admitted in

3588evidence as Riverkeeper Exhibit 11.

359332. After the admission of Riverkeeper Exhibit 11,

3601Seminole continued to attack the credibility of the testimony

3610of Attorney Howle and Mr. Armingeon that Dr. Woolschlager gave

3620his preliminary opinion prior to the filing of the Petition,

3630citing CUP deposition testimony given by Mr. Armingeon and

3639Dr. Woolschlager and some of Riverkeeper's CUP discovery

3647responses.

364833. In his CUP deposition Dr. Woolschlager testified in

3657part as follows:

3660Q. And what information was supplied to you

3668on which you -- that you saw showing that

3677categorization?

3678A. Well, I've seen that in several places.

3686It was in the Seminole County Water Supply

3694Plan I previously mentioned. It's on the St.

3702Johns Water Management District Web site.

3708Q. And when did you review or obtain the

3717information that you relied on to see the

3725water service areas or identify the water

3732service areas?

3734A. This is all occurring in early August.

3742Q. Have you visited any of these existing

3750potable water facilities?

3753A. No.

3755Q. Would it be correct to say that your

3764familiarity with the Seminole County potable

3770water system began in early August as a

3778result of this case?

3782A. That is correct.

3786(Seminole Exhibit A9, p. 11.) Seminole contends that these

3795questions should have elicited testimony about what

3802Dr. Woolschlager reviewed for his preliminary opinion in

3810February 2008, if there actually was one. But it appears from

3821the context of the deposition in its entirety that

3830Dr. Woolschlager was being asked questions about the work he

3840did after his formal retention in August 2008, questions

3849intended to prepare Seminole for the CUP hearing, not about any

3860preliminary review he might have done previously.

386734. In his CUP deposition, Mr. Armingeon testified in

3876part as follows:

3879Q. Did any expert provide information to the

3887St. Johns Riverkeeper, Incorporated which was

3893used to prepare the Petition for

3899Administrative Hearing?

3901A. Would you define expert? How would you

3909define that?

3911Q. I would define expert as someone who has

3920more knowledge than the public at large and

3928has a skill either through education or

3935experience.

3936A. No.

3938Q. Did the St. Johns Riverkeeper,

3944Incorporated consult with any expert

3949concerning Seminole County's proposed

3953withdrawal from the St. Johns River prior to

3961filing its Petition for Administrative

3966Hearing?

3967A. No.

3969Q. Since filing the Petition for

3975Administrative Hearing, has the St. Johns

3981Riverkeeper retained any experts to assist it

3988in analyzing the impact of Seminole County's

3995proposed withdrawal from the St. Johns River?

4002A. We retained one expert.

4007Q. And which expert is that?

4013A. Robin Lewis.

4016Q. And when was Mr. Lewis retained?

4023A. Last week.

4026Q. Has Mr. Lewis completed his analysis of

4034the impact of Seminole County's proposed

4040withdrawal from the St. Johns River and

4047shared that information with the St. Johns

4054Riverkeeper, Incorporated?

4056A. No.

4058Q. As of today's date, has the St. Johns

4067Riverkeeper, Incorporated relied on the

4072opinion of any experts to support its

4079position regarding the proposed withdrawal by

4085Seminole County from the St. Johns River?

4092A. Define relied. I'm not sure I understand

4100what that means.

4103Q. Relied means, in the normal vernacular,

4110that you have considered an analysis or study

4118or opinion, professional opinion, supplied to

4124you by an expert, to confirm your belief that

4133this withdrawal is going to cause harm or

4141damage to the river.

4145DEPONENT: Could you repeat the question?

4151(Pending question read back by court

4157reporter).

4158A. (By the Deponent) We have relied on our

4167own opinion.

4169Q. And when you say your own opinion, who do

4179you mean in the collegial we?

4185A. Myself.

4187Q. Anybody else?

4190A. No.

4192Q. Do you consider yourself an expert on the

4201hydrologic impacts of the proposed withdrawal

4207by Seminole County from the St. Johns River?

4215A. An expert? No.

4219Q. Do you consider yourself an expert on the

4228ecological effects of the proposed withdrawal

4234by Seminole County from the St. Johns River?

4242A. No.

4244Q. Do you consider yourself an expert with

4252respect to any impact caused by the proposed

4260withdrawal by Seminole County from the St.

4267Johns River?

4269A. Expert? No.

4272(Seminole Exhibit A1, p. 11-13.) Seminole contends that these

4281questions should have elicited the disclosure of

4288Dr. Woolschlager, if he actually had given Riverkeeper a

4297preliminary opinion. But it appears from the context of the

4307deposition in its entirety that this testimony was focused on

4317environmental impacts, not need, which was the subject of

4326Dr. Woolschlager's preliminary opinion.

433035. Similarly, Seminole argues that Riverkeeper should

4337have disclosed Dr. Woolschlager in response to written

4345discovery requests for the names of persons having knowledge

4354about the CUP case, if he actually had given Riverkeeper a

4365preliminary opinion. But those discovery requests were

4372answered during the time when Riverkeeper was unable to

4381communicate with Dr. Woolschlager to determine if he would be

4391formally retained as an expert witness. As soon as

4400communication with Dr. Woolschlager was re-established, and he

4408was retained to testify, Riverkeeper disclosed to Seminole that

4417he would be testifying at the CUP hearing.

442536. Regardless of whether Riverkeeper should have

4432disclosed Dr. Woolschlager and his preliminary opinion earlier

4440in response to CUP discovery requests, Riverkeeper's

4447explanation for not disclosing Dr. Woolschlager until after his

4456formal retention is accepted as true. It is found that

4466Dr. Woolschlager actually provided Riverkeeper with a

4473preliminary opinion, as described in the testimony of Attorney

4482Howle and Mr. Armingeon, prior to the filing of Riverkeeper's

4492Petition.

449337. Riverkeeper has a legal committee of prominent

4501attorneys from the Jacksonville area. The committee reviewed

4509and vetted Riverkeeper's Petition before it was filed.

4517CONCLUSIONS OF LAW

4520E. Prevailing Party Fees and Costs against Jacksonville

452838. Section 120.595(1)(e)3., Florida Statutes, authorizes

4534claims against a "non-prevailing adverse party," which is

4542defined as "a party that has failed to have substantially

4552changed the outcome of the proposed or final agency action

4562which is the subject of the proceeding. In the event that a

4574proceeding results in any substantial modification or condition

4582intended to resolve the matters raised in a party's petition,

4592it shall be determined that the party having raised the issue

4603addressed is not a nonprevailing adverse party."

461039. The CUP RO and FO found the Iron Bridge CUP condition

4622to be necessary for the provision of reasonable assurance as to

4633water quality. For that reason, the Iron Bridge CUP condition

4643was substantial. Jacksonville's opposition did not fail to

4651substantially change the outcome of the proposed CUP, and

4660Jacksonville was not a "nonprevailing adverse party" under

4668Section 120.595(1), Florida Statutes.

467240. Seminole contends that Jacksonville meets the

4679definition of "nonprevailing adverse party" because SJRWMD

4686already was studying the impacts on water quality and natural

4696resources from increased "residence time" resulting from

4703Seminole's CUP and would have completed its study and required

4713the Iron Bridge CUP condition on its own initiative either

4723during Seminole's CUP proceeding or after issuance of the CUP

4733FO. Regardless what SJRWMD may have done on its own

4743initiative, the Iron Bridge CUP condition was intended to

4752resolve water quality issues raised by Jacksonville's

4759opposition.

476041. Seminole also contends that Jacksonville cannot rely

4768on the Iron Bridge condition because it withdrew all issues as

4779to water quality. Actually, Jacksonville withdrew some but not

4788all water quality issues. The remaining allegations were broad

4797enough to include the impacts on water quality and natural

4807resources from increased "residence time" resulting from

4814Seminole's CUP. Seminole's other arguments why Jacksonville

4821should not be allowed to rely on the Iron Bridge condition for

4833purposes of Section 120.595(1)(e)3. have been rejected. Like

4841Riverkeeper, Jacksonville is not a "non-prevailing adverse

4848party," and Seminole is not entitled to attorney's fees and

4858costs from Jacksonville under Section 120.595(1), Florida

4865Statutes.

486642. Even if Jacksonville were a "non-prevailing adverse

4874party" under Section 120.595(1), Florida Statutes, it also was

4883necessary for Seminole to prove that Jacksonville's

4890participation in this proceeding was for an "improper purpose."

4899§ 120.595(1)(e)1, Fla. Stat. An "improper purpose" is defined

4908as participation in a proceeding "primarily to harass or to

4918cause unnecessary delay or for frivolous purpose or to

4927needlessly increase the cost of litigation, licensing or

4935securing the approval of an activity." Id. It would not be

4946enough for Seminole to prove that there was no basis for some

4958of the claims made by Jacksonville; rather, Seminole would have

4968had to prove that Jacksonville presented no justiciable

4976controversy. See Friends of Nassau County, Inc. v. Nassau

4985County , 752 So. 2d 42, 49-51 (Fla. 1st DCA 2000)(utilizing an

4996objective standard under a statute to determine whether "a

5005justiciable controversy existed under the pertinent statutes

5012and regulations"). In contrast, it is not necessary to prove a

5024complete absence of any justiciable controversy of law or fact

5034under Section 57.105, Florida Statutes. See , e.g. , Albritton

5042v. Ferrera , 913 So. 2d 5, 8 (Fla. 1st DCA 2005); Wendy's v.

5055Vandergriff , 865 So. 2d 520, 523 (Fla. 1st DCA 2003). Seminole

5066did not meet this heavy burden of proof.

5074F. Fees and Costs under Section 57.105

508143. Seminole seeks attorney's fees and costs against both

5090Riverkeeper and Jacksonville and under Section 57.105, Florida

5098Statutes, which provides in part:

5103(1) Upon the court's initiative or motion of

5111any party, the court shall award a reasonable

5119attorney's fee to be paid to the prevailing

5127party in equal amounts by the losing party

5135and the losing party's attorney on any claim

5143or defense at any time during a civil

5151proceeding or action in which the court finds

5159that the losing party or the losing party's

5167attorney knew or should have known that a

5175claim or defense when initially presented to

5182the court or at any time before trial:

5190(a) Was not supported by the material

5197facts necessary to establish the claim or

5204defense; or

5206(b) Would not be supported by the

5213application of then-existing law to those

5219material facts.

5221However, the losing party's attorney is not

5228personally responsible if he or she has acted

5236in good faith, based on the representations

5243of his or her client as to the existence of

5253those material facts. If the court awards

5260attorney's fees to a claimant pursuant to

5267this subsection, the court shall also award

5274prejudgment interest.

5276(2) Paragraph (1)(b) does not apply if the

5284court determines that the claim or defense

5291was initially presented to the court as a

5299good faith argument for the extension,

5305modification, or reversal of existing law or

5312the establishment of new law, as it applied

5320to the material facts, with a reasonable

5327expectation of success.

5330(3) At any time in any civil proceeding or

5339action in which the moving party proves by a

5348preponderance of the evidence that any action

5355taken by the opposing party, including, but

5362not limited to, the filing of any pleading or

5371part thereof, the assertion of or response to

5379any discovery demand, the assertion of any

5386claim or defense, or the response to any

5394request by any other party, was taken

5401primarily for the purpose of unreasonable

5407delay, the court shall award damages to the

5415moving party for its reasonable expenses

5421incurred in obtaining the order, which may

5428include attorney's fees, and other loss

5434resulting from the improper delay.

5439(4) A motion by a party seeking sanctions

5447under this section must be served but may not

5456be filed with or presented to the court

5464unless, within 21 days after service of the

5472motion, the challenged paper, claim, defense,

5478contention, allegation, or denial is not

5484withdrawn or appropriately corrected.

5488(Under Subsection (5), the statute applies in administrative

5496proceedings. 3 )

5499(i) Unreasonable Delay under Subsection (3)

550544. Seminole did not prove that either Riverkeeper or

5514Jacksonville took action in this case "primarily for the

5523purpose of unreasonable delay." § 57.105(3), Fla. Stat.

5531(ii) Factual Support for Claims

553645. Under Section 57.105(4), Florida Statutes, there is

5544no liability for Jacksonville's withdrawn claims (or, in

5552accordance with the prehearing rulings, for Riverkeeper's

5559claims).

556046. As to Jacksonville, the relevant filing for purposes

5569of Section 57.105(1) is the Corrected Petition to Intervene,

5578which was treated as a Second Amended Petition.

558647. Seminole did not prove that Riverkeeper or

5594Jacksonville knew or should have known that any of the claims

5605they did not withdraw within the "safe harbor" period set out

5616in Subsection (4) of the statute were not supported by the

5627material facts necessary to establish the claim or by the

5637application of then-existing law to those material facts. See

5646§ 57.105(1), Fla. Stat.

5650DISPOSITION

5651Based on the foregoing Findings of Fact and Conclusions of

5661Law, Seminole's motions for attorney's fees and costs against

5670Riverkeeper and Jacksonville are denied.

5675DONE AND ORDERED this 18th day of December, 2009, in

5685Tallahassee, Leon County, Florida.

5689S

5690J. LAWRENCE JOHNSTON

5693Administrative Law Judge

5696Division of Administrative Hearings

5700The DeSoto Building

57031230 Apalachee Parkway

5706Tallahassee, Florida 32399-3060

5709(850) 488-9675

5711Fax Filing (850) 921-6847

5715www.doah.state.fl.us

5716Filed with the Clerk of the

5722Division of Administrative Hearings

5726this 18th day of December, 2009.

5732ENDNOTES

57331/ Unless otherwise indicated, all statutory references are to

5742the 2009 Florida Statutes.

57462/ Jacksonville designated excerpts of the deposition

5753transcripts submitted as its Exhibits 3-5. These depositions

5761were designated in their entirety by Seminole and were admitted

5771in evidence as Seminole Exhibits A15 and A16. An errata sheet

5782was added to Seminole Exhibit A3.

57883/ As reflected in the DOAH file, it has been ruled that the

5801procedural requirements of Subsection (4) have been met; and

5810claims withdrawn by Riverkeeper within the "safe harbor" period

5819in Subsection (4) have been stricken from Seminole's motions for

5829attorney's fees and costs.

5833COPIES FURNISHED :

5836Patrick F. McCormack, Esquire

5840St. Johns County Attorney's Office

58454020 Lewis Speedway

5848St. Augustine, Florida 32084-8637

5852Timothy A. Smith, Esquire

5856St. Johns River Water Management District

58624049 Reid Street

5865Palatka, Florida 32177-2529

5868Kenneth B. Wright, Esquire

5872Bledsoe Jacobson Schmidt & Wright

58771301 Riverplace Boulevard, Suite 1818

5882Jacksonville, Florida 32207-9022

5885Seann M. Frazier, Esquire

5889Greenberg Traurig, P.A.

5892101 East College Avenue

5896Tallahassee, Florida 32302-7742

5899Edward P. de la Parte, Jr., Esquire

5906de la Parte & Gilbert, P.A.

5912101 East Kennedy Boulevard, Suite 2000

5918Tampa, Florida 33602

5921Michael L. Howle, Esquire

5925Howle Law Firm, P.A.

59291437 Walnut Street

5932Jacksonville, Florida 32206-4636

5935Jason R. Teal, Esquire

5939City of Jacksonville

5942117 West Duval Street, Suite 480

5948Jacksonville, Florida 32202

5951John R. Thomas, Esquire

5955Thomas & Associates, P.A.

5959233 Third Street North, Suite 101

5965St. Petersburg, Florida 33701-3818

5969NOTICE OF RIGHT TO JUDICIAL REVIEW

5975A party who is adversely affected by this Final Order is entitled

5987to judicial review pursuant to Section 120.68, Florida Statutes.

5996Review proceedings are governed by the Florida Rules of Appellate

6006Procedure. Such proceedings are commenced by filing the original

6015Notice of Appeal with the agency clerk of the Division of

6026Administrative Hearings and a copy, accompanied by filing fees

6035prescribed by law, with the District Court of Appeal, First

6045District, or with the District Court of Appeal in the Appellate

6056District where the party resides. The notice of appeal must be

6067filed within 30 days of rendition of the order to be reviewed.

Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 08/23/2011
Proceedings: Transmittal letter from Claudia Llado forwarding records to the agency.
PDF:
Date: 03/11/2011
Proceedings: Opinion filed.
PDF:
Date: 03/11/2011
Proceedings: Mandate filed.
PDF:
Date: 03/09/2011
Proceedings: Mandate
PDF:
Date: 02/22/2011
Proceedings: BY ORDER OF THE COURT: Order that Appellee Seminole County, Florida's Motion for Attorneys' Fees and Costs, filed November 5, 2009, is denied filed.
PDF:
Date: 02/18/2011
Proceedings: Opinion
PDF:
Date: 02/07/2011
Proceedings: BY ORDER OF THE COURT: Appellees' Motion to Reconcile Conflicting Filing Deadlines, is denied filed.
PDF:
Date: 07/06/2010
Proceedings: BY ORDER OF THE COURT: Appellee's Motion to Use Demonstrative Exhibits at Oral Argument is granted filed.
PDF:
Date: 02/12/2010
Proceedings: Transmittal letter from Claudia Llado In-Camera Inspection Documents to Jason R. Teal.
PDF:
Date: 12/18/2009
Proceedings: DOAH Final Order
PDF:
Date: 12/18/2009
Proceedings: Final Order (hearing held October 9, 2009). CASE CLOSED.
PDF:
Date: 12/07/2009
Proceedings: BY ORDER OF THE COURT: City of Jacksonville Notice of Voluntary Dismissal is accepted and the appeal of the City of Jacksonville is dismissed; St. Johns Riverkeeper, Inc., Motions for Enlargement of Time are granted filed.
PDF:
Date: 12/01/2009
Proceedings: Proposed Final Order on Seminole County's Motion for Attorney's Fees against the City of Jacksonville filed.
PDF:
Date: 12/01/2009
Proceedings: City of Jacksonville's Notice of Filing Proposed Final Order filed.
PDF:
Date: 12/01/2009
Proceedings: Seminole County's Proposed Final Order on Sanctions filed.
PDF:
Date: 12/01/2009
Proceedings: Riverkeeper's Appendix of Cup Hearing Evidence Cited filed.
PDF:
Date: 12/01/2009
Proceedings: Riverkeeper's Notice of Filing and Proposed Final Order filed.
PDF:
Date: 12/01/2009
Proceedings: Order Granting Extension of Time (proposed final orders to be filed by December 1, 2009).
PDF:
Date: 11/30/2009
Proceedings: City of Jacksonville's Unopposed Motion for One-Day Extension filed.
PDF:
Date: 11/16/2009
Proceedings: Order Denying Objections to Designated Deposition Transcript Excerpts.
PDF:
Date: 11/05/2009
Proceedings: Seminole's Response to Riverkeeper's Objections to Seminole's Designations, Cross-designations, and Notice of Filing Errata Sheet filed.
PDF:
Date: 11/05/2009
Proceedings: Seminole's Response to Jacksonville's Deposition Transcript Objections filed.
PDF:
Date: 10/29/2009
Proceedings: Riverkeeper's Objections to Seminole's Designations, Cross-Designations, and Notice of Filing Errata Sheet filed.
PDF:
Date: 10/29/2009
Proceedings: City of Jacksonville's Notice of Filing Deposition Transcript Objections filed.
Date: 10/26/2009
Proceedings: Transcript of Proceedings (Volume I-III) filed.
PDF:
Date: 10/23/2009
Proceedings: BY ORDER OF THE COURT: Appellee Seminole County's Motion for enlargement of time is granted filed.
PDF:
Date: 10/20/2009
Proceedings: Seminole's Corrected Designation of Documents, Depositions, and Deposition Exhibits Intended for Admission in Evidence filed.
PDF:
Date: 10/20/2009
Proceedings: Deposition of John Woolschlager, Ph.D. (exhibits not available for viewing) filed.
PDF:
Date: 10/20/2009
Proceedings: Seminole County's Notice of Filing of the September 12, 2008 Deposition Transcript of John Woolschlager, Ph.D. and Deposition Exhibits 174-188 filed.
PDF:
Date: 10/19/2009
Proceedings: City of Jacksonville's Notice of Filing Deposition Transcript Designations filed.
PDF:
Date: 10/19/2009
Proceedings: Seminole's Designation of Documents, Depositions, and Deposition Exhibits Intended for Admission in Evidence filed.
PDF:
Date: 10/19/2009
Proceedings: Seminole County's Noice of Filing of the September 12, 2008 Deposition Transcript of John Woolschlager, Ph.D. and Deposition Exhibits 174-188 (deposition and exhibits not attached) filed.
PDF:
Date: 10/19/2009
Proceedings: Letter to DOAH from L. Kaufman regarding Seminole County's Notice of Filing of the September 12, 2008 Deposition Transcript of J. Woolschlager and Deposition Exhibits 174-188 filed.
PDF:
Date: 10/12/2009
Proceedings: Order on Post-Hearing Procedures.
Date: 10/09/2009
Proceedings: CASE STATUS: Hearing Held.
PDF:
Date: 10/08/2009
Proceedings: Order on Seminole`s Motion for Clarification.
PDF:
Date: 10/08/2009
Proceedings: Notice of Filing (4 Affidavit of Service) filed.
PDF:
Date: 10/08/2009
Proceedings: Seminole County's Response to Jacksonville's Request for Official Recognition filed.
PDF:
Date: 10/07/2009
Proceedings: Riverkeeper's Response in Opposition to Seminole's Motion for Clarification and Regarding Allegations Identified in Riverkeeper's Notice of Withdrawal of Claims and Emergency Request for Immediate Ruling Hereupon filed.
PDF:
Date: 10/06/2009
Proceedings: Seminole's Second Request for Official Recognition filed.
PDF:
Date: 10/06/2009
Proceedings: Riverkeeper's Notice of Omitted Stipulation Final Witness and Exhibit List filed.
PDF:
Date: 10/06/2009
Proceedings: Notice of Filing Record Items or in the Alternative Request for Official Recognition (with attachments) filed.
PDF:
Date: 10/05/2009
Proceedings: Joint Pre-hearing Stipulation (Corrected) filed.
PDF:
Date: 10/05/2009
Proceedings: Seminole County's Notice of Filing of Joint Prehearing Stipulation (Corrected) filed.
PDF:
Date: 10/05/2009
Proceedings: Notice of Filing Record Items or in the Alternative Request for Official Recognition (without attachments) filed.
PDF:
Date: 10/02/2009
Proceedings: Joint Pre-hearing Stipulation filed.
PDF:
Date: 10/01/2009
Proceedings: City of Jacksonville's Request for Official Recognition filed.
PDF:
Date: 09/30/2009
Proceedings: Seminole's Motion for Clarification Regarding Allegations Identified in Riverkeeper's Notice of Withdrawal of Claims filed.
PDF:
Date: 09/28/2009
Proceedings: Order Amending Pre-hearing Instructions.
PDF:
Date: 09/28/2009
Proceedings: Order on Riverkeeper's Second Motion in Limine and to Strike and for Clarification and/or Reconsideration of Need Issue Assertes in Riverkeeper's First Motion in Limine and to Strike and On Seminole's Motion for Clarification and Reconsideration.
PDF:
Date: 09/25/2009
Proceedings: Seminole County's Final Exhibit List (exhibits not attached) filed.
Date: 09/25/2009
Proceedings: CASE STATUS: Motion Hearing Held.
PDF:
Date: 09/25/2009
Proceedings: Seminole County's Response to Jacksonville's Emergency Motion to Require Compliance with Pre-hearing Order filed.
PDF:
Date: 09/25/2009
Proceedings: Notice of Telephonic Hearing filed.
PDF:
Date: 09/25/2009
Proceedings: City of Jacksonville's Emergency Motion to Require Compliance with Pre-hearing Order filed.
PDF:
Date: 09/24/2009
Proceedings: Riverkeeper's Response to Seminole County's Motion for Clarification and Reconsideration filed.
PDF:
Date: 09/24/2009
Proceedings: BY ORDER OF THE COURT: Appellee motion for enlargement of time is granted and time for serice upon opposing counsel of Appellee's Answer Brief is extended to October 21, 2009.
PDF:
Date: 09/23/2009
Proceedings: Seminole County's Response to Riverkeeper's Second Motion in Limine and to Strike, and for Clarification and/or Reconsideration of Need Issue Asserted in Riverkeeper's First Motion in Limine and to Strike filed.
PDF:
Date: 09/18/2009
Proceedings: Seminole County's Motion for Clarification and Reconsideration filed.
PDF:
Date: 09/16/2009
Proceedings: Riverkeeper's Second Motion in Limine and to Stike, and for Clarification, and/or Reconsideration of Need Issue Asserted in Riverkeeper's First Motion in Limine and to Strike filed.
PDF:
Date: 09/11/2009
Proceedings: Order on Motion in Limine and to Strike.
PDF:
Date: 09/10/2009
Proceedings: Supplemental Order on Renewed Motion to Compel.
PDF:
Date: 09/09/2009
Proceedings: City of Jacksonville's Notice of Filing in Camera Documents filed.
PDF:
Date: 09/04/2009
Proceedings: Notice of Seminole County's Updated Final Witnesses List filed.
PDF:
Date: 08/28/2009
Proceedings: Seminole County's Notice of Serving Response to Riverkeeper's First Set of Discovery Requests 16, 44 and 45 Pursuant to Order on Riverkeeper's Motion to Compel Discovery filed.
PDF:
Date: 08/27/2009
Proceedings: Seminole County's Response to Riverkeeper's Motion in Limine and to Strike filed.
PDF:
Date: 08/20/2009
Proceedings: Order on Riverkeeper`s Motion to Compel Discovery.
PDF:
Date: 08/20/2009
Proceedings: Order on Renewed Motion to Compel.
PDF:
Date: 08/20/2009
Proceedings: St. Johns Riverkeeper's Motion in Limine and to Strike filed.
PDF:
Date: 08/17/2009
Proceedings: Seminole County's Notice of Filing of Seminole County's August 3, 2009 Response to Riverkeeper's First Set of Discovery Requests to Seminole County filed.
PDF:
Date: 08/17/2009
Proceedings: Seminole County's Response to Riverkeeper's Motion to Compel Discovery filed.
PDF:
Date: 08/13/2009
Proceedings: Order on Third Motion for Summary Final Order.
PDF:
Date: 08/10/2009
Proceedings: St. Johns Riverkeeper's Motion to Compel Discovery filed.
PDF:
Date: 08/10/2009
Proceedings: Riverkeeper's Response to Seminole's Renewed Motion to Compel filed.
PDF:
Date: 08/07/2009
Proceedings: Order Granting Continuance and Re-scheduling Hearing (hearing set for October 9, 2009; 9:00 a.m.; Tallahassee, FL).
Date: 08/06/2009
Proceedings: CASE STATUS: Motion Hearing Held.
PDF:
Date: 08/06/2009
Proceedings: Riverkeeper's Response in Opposition to Seminole's Motion for Continuance filed.
PDF:
Date: 08/05/2009
Proceedings: Seminole County's Motion for Continuance filed.
PDF:
Date: 08/05/2009
Proceedings: Seminole County's Renewed Motion to Compel Against Riverkeeper and Jacksonville filed.
PDF:
Date: 08/04/2009
Proceedings: Deposition of Harold Wilkening filed.
PDF:
Date: 08/04/2009
Proceedings: Seminole County's Notice of Filing of the July 29, 2009 Deposition Transcript of Harold Wilkening filed.
PDF:
Date: 08/04/2009
Proceedings: Riverkeeper's Motion for Protective Order Regarding Seminole's Notice of Taking Corporate Deposition, and Third Request for Production to Riverkeeper (confidential attachments not available for viewing) filed.
PDF:
Date: 08/04/2009
Proceedings: Letter to Judge Johnston from J. Thomas regarding Request for In Camera Inspection filed.
PDF:
Date: 08/04/2009
Proceedings: Seminole County's Response to Riverkeeper's Request for Leave to File Reply to Seminole County's Response to Riverkeeper's Third Motion for Summary Final Order filed.
PDF:
Date: 08/04/2009
Proceedings: City of Jacksonville's Notice of Filing Privilege Log filed.
PDF:
Date: 08/03/2009
Proceedings: St. Johns Riverkeeper Inc.'s Request for Leave to File Reply to Seminole County's Response to Riverkeeper's Third Motion for Summary Final Order filed.
PDF:
Date: 08/03/2009
Proceedings: Seminole County's Notice of Serving Response to Riverkeeper's First Set of Discovery Requests to Seminole County filed.
PDF:
Date: 07/31/2009
Proceedings: Seminole County's Response to Riverkeeper's Third Motion for Summary Final Order filed.
PDF:
Date: 07/24/2009
Proceedings: Riverkeeper's Third Motion for Summary Final Order filed.
PDF:
Date: 07/24/2009
Proceedings: Order on Motion for Protective Order and Motion to Compel.
Date: 07/23/2009
Proceedings: CASE STATUS: Motion Hearing Held.
PDF:
Date: 07/23/2009
Proceedings: City of Jacksonville's Notice of Serving Supplemental Answer to Seminole County's Second Interrogatories filed.
PDF:
Date: 07/23/2009
Proceedings: City of Jacksonville's Response to Seminole County's Emergency Motion to Compel Documents filed.
PDF:
Date: 07/22/2009
Proceedings: Seminole County's Emergency Motion to Compel Production of Documents by City of Jacksonville in Response to Seminole County's Fourth Request for Production filed.
PDF:
Date: 07/22/2009
Proceedings: City of Jacksonville's Cross Notice of Taking Deposition of Hal Wilkening filed.
PDF:
Date: 07/22/2009
Proceedings: Seminole County's Emergency Response to Riverkeeper's Motion for Protective Order Regarding Seminole's Notice of Taking Corporate Deposition, and Third Request for Production to Riverkeeper filed.
PDF:
Date: 07/21/2009
Proceedings: Seminole County's Notice of Taking Deposition of Hal Wilkening filed.
PDF:
Date: 07/21/2009
Proceedings: City of Jacksonville's Notice of Service of Response to Seminole County's Second Set of Interrogatories filed.
PDF:
Date: 07/21/2009
Proceedings: City of Jacksonville's Notice of Serving Response to Seminole County's Fourth Request to Produce filed.
PDF:
Date: 07/21/2009
Proceedings: Seminole County's Amended Notice of Taking Deposition of St. Johns Riverkeeper Pursuant to Florida Rule of Civil Procedure 1.310(b)(6) filed.
PDF:
Date: 07/20/2009
Proceedings: Riverkeeper's Motion for Protective Order Regarding Seminole's Notice of Taking Corporate Deposition, and Third Request for Production to Riverkeeper filed.
PDF:
Date: 07/20/2009
Proceedings: Riverkeeper's Notice of Filing Seminole County's Corporate Deposition Notife, and Third Request for Production to Riverkeeper filed.
PDF:
Date: 07/17/2009
Proceedings: Order on Motions for Summary Final Order.
PDF:
Date: 07/17/2009
Proceedings: Order on Motion to Shorten Discovery Response Time.
PDF:
Date: 07/16/2009
Proceedings: Seminole County's Amended Notice of Taking Deposition of City of Jacksonville Pursuant to Florida Rule of Civil Procedure 1.310(b)(6) filed.
PDF:
Date: 07/16/2009
Proceedings: Seminole County's Response to Riverkeeper's Motion to Shorten Time for Response to Discovery filed.
PDF:
Date: 07/16/2009
Proceedings: Seminole County's Response to Riverkeeper's Second Motion for Summary Final Order filed.
PDF:
Date: 07/15/2009
Proceedings: City of Jacksonville's Witness List filed.
PDF:
Date: 07/15/2009
Proceedings: Notice of Appearance (filed by J. Teal).
PDF:
Date: 07/14/2009
Proceedings: Riverkeeper's Witness List filed.
PDF:
Date: 07/13/2009
Proceedings: Notice of Seminole County's Final Witness List filed.
PDF:
Date: 07/10/2009
Proceedings: Riverkeeper's Motion to Shorten Time for Response to Discovery filed.
PDF:
Date: 07/09/2009
Proceedings: Riverkeeper's Second Motion for Summary Final Order Denying Seminole's Claim under Section 120.595, Fla. Stat. and Denying Seminole's Claim under Section 57.105, Fla. Stat. as to Allegations of the Petition that were Withdrawn filed.
PDF:
Date: 07/07/2009
Proceedings: Seminole County's Response to Riverkeeper's Request for Leave to File Response to Seminole's Response to Motion for Summary Final Order filed.
PDF:
Date: 07/07/2009
Proceedings: St. Johns Riverkeeper, Inc.'s Request for Leave to File Reply to Seminole's Response to Motion for Summary Final Order filed.
PDF:
Date: 07/02/2009
Proceedings: Seminole County's Response to Riverkeeper's Motion for Summary Final Order filed.
PDF:
Date: 07/01/2009
Proceedings: Corrected Notice of Appearance (corrected zip code only) filed.
PDF:
Date: 06/25/2009
Proceedings: St. Johns Riverkeeper, Inc.'s Motion for Summary Final Order filed.
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Date: 06/25/2009
Proceedings: Notice of Appearance (filed by J. Thomas).
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Date: 06/19/2009
Proceedings: Notice of Service of Seminole County's Second Interrogatories to St. Johns Riverkeeper, Inc. filed.
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Date: 06/19/2009
Proceedings: Notice of Service of Seminole County's Second Interrogatories to City of Jacksonville filed.
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Date: 06/19/2009
Proceedings: Seminole County's Notice of Taking Deposition of St. Johns Riverkeeper Pursuant to Florida Rule of Civil Procedure 1.310(b)(6) filed.
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Date: 06/19/2009
Proceedings: Seminole County's Notice of Taking Deposition of City of Jacksonville Pursuant to Florida Rule of Civil Procedure 1.310(b)(6) filed.
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Date: 06/19/2009
Proceedings: Seminole County's Third Request for Production of Documents to St. Johns Riverkeeper, Inc. filed.
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Date: 06/19/2009
Proceedings: Seminole County's Fourth Request for Production of Documents to City of Jacksonville filed.
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Date: 06/08/2009
Proceedings: Order of Pre-hearing Instructions.
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Date: 06/08/2009
Proceedings: Notice of Hearing (hearing set for August 17, 2009; 9:00 a.m.; Tallahassee, FL).
Date: 06/05/2009
Proceedings: CASE STATUS: Pre-Hearing Conference Held.
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Date: 06/03/2009
Proceedings: Order for Status Conference.
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Date: 06/01/2009
Proceedings: BY ORDER OF THE COURT: Case nos. 5D09-1644 and 5D09-1646 are consolidated.
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Date: 06/01/2009
Proceedings: Order Declining Referral to Mediation filed.
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Date: 05/26/2009
Proceedings: Seminole County's Notice of Voluntary Withdrawal of Motion for Attorney's Fees Against Respondent St. Johns County filed.
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Date: 05/15/2009
Proceedings: Acknowledgment of New Case, DCA Case No. 5D09-1644 filed.
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Date: 05/06/2009
Proceedings: Final Order filed.
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Date: 05/05/2009
Proceedings: Notice of Filing Corrected Certificate of Service filed.
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Date: 05/04/2009
Proceedings: St. Johns County`s Response to Seminloe County`s Notice of Filing Final Order and Suggestion of Further Administrative Hearing on Motions for Attorney`s Fees filed.
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Date: 04/17/2009
Proceedings: Seminole County's Notice of Filing Final Order and Suggestion of Further Administrative Hearing on Motions for Attorney's Fees filed.
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Date: 04/15/2009
Proceedings: Agency Final Order
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Date: 01/12/2009
Proceedings: Recommended Order
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Date: 01/12/2009
Proceedings: Recommended Order cover letter identifying the hearing record referred to the Agency.
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Date: 01/12/2009
Proceedings: Recommended Order (hearing held October 1-3, 6-10 and 15-16, 2008). CASE CLOSED.
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Date: 01/05/2009
Proceedings: St. Johns County`s Response in Opposition to Seminole County`s Motion for Attorney`s Fees filed.
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Date: 12/31/2008
Proceedings: Petitioner St. Johns Riverkeeper, Inc.`s Response to Seminole County`s Motion for Attorney`s Fees filed.
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Date: 12/31/2008
Proceedings: St. Johns County Response in Opposition to Seminole County`s Motion for Attorney`s Fees filed.
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Date: 12/31/2008
Proceedings: City of Jacksonville`s Response to Seminole County`s Motion for Attorneys` Fees Against Petitioner, City of Jacksonville (.
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Date: 12/12/2008
Proceedings: SJRWMD`s Response to Petitioners` Request for Official Recognition filed.
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Date: 12/11/2008
Proceedings: Response to City of Jacksonville`s and St. Johns Riverkeeper, Inc.`s Request for Official Recognition filed.
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Date: 12/09/2008
Proceedings: St. Johns County`s Memorandum of Law in Support of its Proposed Recommended Order filed.
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Date: 12/09/2008
Proceedings: District`s Memorandum of Law filed.
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Date: 12/08/2008
Proceedings: Memorandum of Law of the St. Johns Riverkeeper, Inc. in Support of its Proposed Recommended Order filed.
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Date: 12/08/2008
Proceedings: Proposed Recommended Order of the St. Johns Riverkeeper, Inc filed.
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Date: 12/08/2008
Proceedings: City of Jacksonville`s Memorandum of Law in Support of its Proposed Recommended Order filed.
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Date: 12/08/2008
Proceedings: Respondent District`s Proposed Findings of Fact and Conclusions of Law filed.
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Date: 12/08/2008
Proceedings: City of Jacksonville`s Proposed Recommended Order (filed in Case No. 08-1317).
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Date: 12/08/2008
Proceedings: St. Johns County`s Proposed Recommended Order filed.
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Date: 12/08/2008
Proceedings: St. Johns County`s Notice of Filing Proposed Recommended Order filed.
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Date: 12/08/2008
Proceedings: City of Jacksonville`s and St. Johns Riverkeeper, Inc.`s Request for Official Recognition filed.
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Date: 12/08/2008
Proceedings: Memorandum of Law in Support of Seminole County`s Proposed Recommended Order filed.
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Date: 12/08/2008
Proceedings: Seminole County`s Proposed Recommended Order filed.
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Date: 10/22/2008
Proceedings: Letter to Judge Johnston from L. Kaufmann enclosing exhibits (exhibits not available for viewing) filed.
Date: 10/20/2008
Proceedings: Transcript (Volumes 1 through 17) filed.
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Date: 10/20/2008
Proceedings: Notice of Filing Final Hearing Transcript filed.
Date: 10/15/2008
Proceedings: CASE STATUS: Hearing Held.
Date: 10/06/2008
Proceedings: CASE STATUS: Hearing Partially Held; continued to October 15, 2008; 8:30 a.m.; Sanford, FL.
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Date: 10/06/2008
Proceedings: St. Johns County`s Notice of Service of Corrected Exhibit 6 filed.
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Date: 10/02/2008
Proceedings: SJRWMD`s Notice of Service of Additional District Exhibits 162a-162f filed.
Date: 10/01/2008
Proceedings: CASE STATUS: Hearing Partially Held; continued to October 6, 2008; 1:00 p.m.; Sanford, FL.
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Date: 10/01/2008
Proceedings: Notice of Filing of Amended Certificate of Service filed.
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Date: 10/01/2008
Proceedings: St. Johns County`s Notice of Service of Corrected Exhibit 62 filed.
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Date: 09/30/2008
Proceedings: Seminole County`s Response to Riverkeeper`s Motion for Enlargement of Time to File its Response to Seminole County`s Motion for Attorney`s Fees filed.
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Date: 09/30/2008
Proceedings: Seminole County`s Notice of Filing Motion for Attorney`s Fees Against Petitioner, St. Johns County filed.
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Date: 09/30/2008
Proceedings: Seminole County`s Notice of Filing Motion for Attorney`s Fees Against Petitioner, City of Jacksonville filed.
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Date: 09/30/2008
Proceedings: SJRWMD`s Notice of Service of Corrected District Exhibits 167A and 170A filed.
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Date: 09/29/2008
Proceedings: Notice of Withdrawal of Claims Consistent with the Pretrial Stipulation filed.
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Date: 09/29/2008
Proceedings: Order Extending Response Time (St. Johns Riverkeeper, Inc. shall have 30 days after entry of Final Order to file its response to Seminole County`s Motion for Attorney`s Fees).
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Date: 09/29/2008
Proceedings: St. Johns Riverkeeper, Inc.`s Partially Unopposed Motion for an Enlargement of Time to File Its Response to Seminole County`s Motion for Attorneys Fees filed.
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Date: 09/26/2008
Proceedings: Petitioner St. Johns County Notice of Withdrawal of Claims Consistent with Joint Prehearing Stipulation filed.
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Date: 09/26/2008
Proceedings: Petitioner St. Johns County Objections to Respondent St. Johns Water Management District`s Final Exhibit List filed.
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Date: 09/26/2008
Proceedings: Petitioner St. Johns County Objections to Intervenor Seminole County`s Final Exhibit List filed.
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Date: 09/25/2008
Proceedings: Addendum to Joint Prehearing Stipulation filed.
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Date: 09/25/2008
Proceedings: City of Jacksonville`s Objections to Seminole County`s Exhibits and St. Johns River Water Management District`s Exhibits filed.
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Date: 09/25/2008
Proceedings: Joint Prehearing Stipulation filed.
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Date: 09/24/2008
Proceedings: Seminole County`s Motion for Attorney`s Fees against Petitioner, St. Johns Riverkeeper, Inc. filed.
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Date: 09/24/2008
Proceedings: Seminole County`s Notice of Filing Motion for Attorney`s Fees, against St. Johns Riverkeeper, Inc. filed.
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Date: 09/24/2008
Proceedings: Notice of Withdrawal of Claims Consistent with the Pretrial Stipulation filed.
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Date: 09/24/2008
Proceedings: Letter to Clerk from P. McCormack enclosing CD`s containing exhibits filed.
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Date: 09/23/2008
Proceedings: Notice of Appearance (W. Congdon) filed.
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Date: 09/23/2008
Proceedings: St. Johns County`s Final Exhibit List filed.
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Date: 09/22/2008
Proceedings: Seminole County`s Final Exhibit List filed.
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Date: 09/19/2008
Proceedings: City of Jacksonville`s Notice of Taking Expert Deposition Duces Tecum (Ed Lowe) filed.
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Date: 09/16/2008
Proceedings: City of Jacksonville`s Notice of Taking Expert Deposition Duces Tecum (of P. Suscy) filed.
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Date: 09/16/2008
Proceedings: City of Jacksonville`s Notice of Taking Expert Deposition Duces Tecum (of J. Hendrickson) filed.
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Date: 09/16/2008
Proceedings: City of Jacksonville`s Amended Notice of Taking Expert Deposition Duces Tecum (H. Wilkening) filed.
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Date: 09/16/2008
Proceedings: City of Jacksonville`s Amended Notice of Taking Expert Deposition Duces Tecum (of D. Jenkins) filed.
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Date: 09/12/2008
Proceedings: Petitioner, St. Johns County`s Cross-notice of Taking Deposition of Nolton Johnson filed.
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Date: 09/12/2008
Proceedings: Petitioner, St. Johns County`s Cross-notice of Taking Deposition of Terry Cheek filed.
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Date: 09/11/2008
Proceedings: Seminole County`s Notice of Taking Expert Deposition Duces Tecum of Terry Cheek filed.
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Date: 09/11/2008
Proceedings: Seminole County`s Notice of Taking Expert Deposition Duces Tecum of Nolton Johnsson filed.
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Date: 09/11/2008
Proceedings: City of Jacksonville`s Notice of Taking Expert Deposition Duces Tecum (of Dr. R. Montgomery) filed.
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Date: 09/11/2008
Proceedings: City of Jacksonville`s Notice of Taking Expert Deposition Duces Tecum (of B. Van Ravenswaay) filed.
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Date: 09/11/2008
Proceedings: City of Jacksonville`s Notice of Cancellation of Depositions (of D. Westrick and C. Hunter) filed.
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Date: 09/10/2008
Proceedings: Petitioner, St. Johns County`s Cross-notice of Taking Deposition of Mark Luther filed.
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Date: 09/10/2008
Proceedings: Petitioner, St. Johns County`s Cross-notice of Taking Deposition of Quintin White filed.
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Date: 09/09/2008
Proceedings: Seminole County`s Notice of Serving, and Request to Reserve Jurisdiction to Consider, Seminole`s Motion for Attorney`s Fees against City of Jacksonville filed.
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Date: 09/08/2008
Proceedings: Order Denying Expedited Motion to Strike and Alternative Motion to Require Expedited Discovery Responses.
Date: 09/08/2008
Proceedings: CASE STATUS: Motion Hearing Held.
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Date: 09/08/2008
Proceedings: City of Jacksonville`s Notice of Taking Expert Deposition Duces Tecum (E. Peebles) filed.
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Date: 09/08/2008
Proceedings: City of Jacksonville`s Notice of Taking Expert Deposition Duces Tecum (E. Estevez) filed.
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Date: 09/08/2008
Proceedings: City of Jacksonville`s Amended Notice of Taking Expert Deposition Duces Tecum (C. Hunter) filed.
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Date: 09/08/2008
Proceedings: City of Jacksonville`s Amended Notice of Taking Expert Deposition Duces Tecum (D. Westrick) filed.
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Date: 09/08/2008
Proceedings: City of Jacksonville`s Notice of Taking Expert Deposition Duces Tecum (T. McCue) filed.
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Date: 09/08/2008
Proceedings: City of Jacksonville`s Notice of Taking Expert Deposition Duces Tecum (J. Murrin) filed.
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Date: 09/08/2008
Proceedings: Petitioner, St. Johns County`s Cross-notice of Taking Deposition of Neil Armingeon filed.
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Date: 09/05/2008
Proceedings: Seminole County`s Notice of Serving, and Request to Reserve Jurisdiction to Consider, Seminole County`s Motion for Attorney`s Fees against Petitioner, St. Johns County filed.
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Date: 09/05/2008
Proceedings: Respondent District`s Cross-notice of Taking Expert Deposition Duces Tecum of John Woolschlager filed.
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Date: 09/05/2008
Proceedings: Respondent District`s Cross-notice of Taking Expert Deposition Duces Tecum of Robin Lewis filed.
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Date: 09/05/2008
Proceedings: Seminole County`s Notice of Taking Expert Deposition Duces Tecum of Jan Brewer filed.
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Date: 09/05/2008
Proceedings: Seminole County`s Notice of Taking Deposition Duces Tecum of Jimmy Orth filed.
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Date: 09/05/2008
Proceedings: Seminole County`s Notice of Taking Deposition Duces Tecum of Neil Armingeon filed.
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Date: 09/05/2008
Proceedings: Notice of Telephonic Hearing filed.
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Date: 09/05/2008
Proceedings: St. Johns Riverkeeper, Inc.'s Response to Seminole County's Motion to Strike Standing Witnesses or Alternatively Require Non-Discovery Sanctioned Responses filed.
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Date: 09/05/2008
Proceedings: St. Johns Riverkeeper, Inc. Notice of Cancellation of Robert Fewster Deposition filed.
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Date: 09/04/2008
Proceedings: City of Jacksonville`s Notice of Taking Expert Deposition Duces Tecum (of D. T. Jenkins) filed.
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Date: 09/04/2008
Proceedings: City of Jacksonville`s Notice of Taking Expert Deposition Duces Tecum (of T. Bartol) filed.
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Date: 09/04/2008
Proceedings: City of Jacksonville`s Notice of Taking Expert Deposition Duces Tecum (of H. Wilkening) filed.
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Date: 09/04/2008
Proceedings: Petitioner, St. Johns County`s Cross-notice of Taking Deposition of Robert Fewster filed.
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Date: 09/04/2008
Proceedings: Petitioner, St. Johns County`s Cross-notice of Taking Deposition of James Hollingshead filed.
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Date: 09/03/2008
Proceedings: St. Johns Riverkeeper, Inc.'s Cross-Notice of Taking Deposition Duces Tecum of James Hollingshead filed.
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Date: 09/03/2008
Proceedings: St. Johns Riverkeeper, Inc.'s Notice of Taking Deposition of Robert Fewster Duces Tecum filed.
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Date: 09/03/2008
Proceedings: St. Johns Riverkeeper, Inc.'s Notice of Taking Deposition of Carol Hunter Duces Tecum filed.
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Date: 09/03/2008
Proceedings: St. Johns Riverkeeper, Inc.'s Notice of Taking Deposition of Dennis Westrick Duces Tecum filed.
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Date: 09/03/2008
Proceedings: St. Johns Riverkeeper, Inc.'s Notice of Taking Deposition of John Cirello Duces Tecum filed.
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Date: 09/03/2008
Proceedings: St. Johns Riverkeeper, Inc.'s Notice of Taking Deposition of William Dunn Duces Tecum filed.
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Date: 09/03/2008
Proceedings: St. Johns Riverkeeper, Inc.'s Notice of Taking Deposition of Marc Minno Duces Tecum filed.
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Date: 09/03/2008
Proceedings: St. Johns Riverkeeper, Inc.'s Notice of Taking Deposition of Richard L. Doty Duces Tecum filed.
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Date: 09/03/2008
Proceedings: St. Johns Riverkeeper, Inc.'s Notice of Taking Deposition of Price Robison Duces Tecum filed.
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Date: 09/03/2008
Proceedings: Petitioner, St. Johns County`s Cross-notice of Taking Deposition of Matthew Alvarez filed.
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Date: 09/03/2008
Proceedings: Petitioner, St. Johns County`s Cross-notice of Taking Deposition of William Dunn filed.
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Date: 09/03/2008
Proceedings: Petitioner, St. Johns County`s Cross-notice of Taking Deposition of Marc Minno filed.
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Date: 09/03/2008
Proceedings: Petitioner, St. Johns County`s Cross-notice of Taking Deposition of Richard L. Doty filed.
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Date: 09/03/2008
Proceedings: Petitioner, St. Johns County`s Cross-notice of Taking Deposition of Price Robison filed.
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Date: 09/03/2008
Proceedings: Seminole County`s Notice of Serving, and Request to Reserve Jurisdiction to Consider, Seminole County`s Motion for Attorney`s Fees against Petitioner, St. Johns Riverkeeper, Inc. filed.
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Date: 09/03/2008
Proceedings: Seminole County`s Second Amended Continued Notice of Taking Deposition of City of Jacksonville Pursuant to Florida Rule Civil Procedure 1.310(b)(6) filed.
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Date: 09/03/2008
Proceedings: Petitioner, St. Jhons County`s Cross-notice of Taking Deposition of John Woolschlager filed.
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Date: 09/03/2008
Proceedings: Petitioner, St. Johns County`s Cross-notice of Taking Deposition of Robin Lewis filed.
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Date: 09/03/2008
Proceedings: Seminole County`s Expedited Motion to Strike 170 Witnesses from Riverkeeper`s Final Witness List, or in the Alternative, to Require Expedited Discovery Responses Regarding Riverkeeper`s Witnesses filed.
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Date: 09/02/2008
Proceedings: City of Jacksonville`s Notice of Taking Expert Deposition Duces Tecum (of J. Hollingshead) filed.
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Date: 09/02/2008
Proceedings: City of Jacksonville`s Notice of Taking Expert Deposition Duces Tecum (of R. Fewster) filed.
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Date: 09/02/2008
Proceedings: City of Jacksonville`s Notice of Taking Expert Deposition Duces Tecum (of M. Minno) filed.
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Date: 09/02/2008
Proceedings: City of Jacksonville`s Notice of Taking Expert Deposition Duces Tecum (Richard Doty) filed.
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Date: 09/02/2008
Proceedings: City of Jacksonville`s Notice of Taking Expert Deposition Duces Tecum (of P. Robison) filed.
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Date: 08/29/2008
Proceedings: City of Jacksonville`s Notice of Taking Expert Deposition Duces Tecum filed.
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Date: 08/29/2008
Proceedings: Amended Final Witness Disclosure of the St. Johns Riverkeeper, Inc filed.
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Date: 08/29/2008
Proceedings: Stipulation by St. Johns County, St. Johns River Water Management District and Seminole County Regarding Witnesses of St. Johns County filed.
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Date: 08/28/2008
Proceedings: Seminole County`s Notice of Taking Deposition on Written Questions filed.
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Date: 08/28/2008
Proceedings: City of Jacksonville`s Final Witness List filed.
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Date: 08/27/2008
Proceedings: Petitioner St. Johns County`s Witness List filed.
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Date: 08/27/2008
Proceedings: Final Witness Disclosure of the St. Johns Riverkeeper, Inc. filed.
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Date: 08/27/2008
Proceedings: Respondent District`s Final Witness List filed.
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Date: 08/27/2008
Proceedings: Notice of Seminole County`s Final Witnesses List filed.
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Date: 08/25/2008
Proceedings: City of Jacksonville`s Amended Notice of Taking Expert Deposition Duces Tecum (of R. Bushey) filed.
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Date: 08/25/2008
Proceedings: City of Jacksonville`s Amended Notice of Taking Expert Deposition Duces Tecum (of I. Chou) filed.
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Date: 08/25/2008
Proceedings: City of Jacksonville`s Amended Notice of Taking Expert Deposition Duces Tecum (A. W. Aikens) filed.
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Date: 08/25/2008
Proceedings: City of Jacksonville`s Amended Notice of Taking Expert Deposition Duces Tecum (of W. McMillin) filed.
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Date: 08/22/2008
Proceedings: Seminole County`s Amended Continued Notice of Taking Deposition of City of Jacksonville Pursuant to Florida Rule of Civil Procedure 1.310(b)(6) filed.
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Date: 08/21/2008
Proceedings: Seminole County`s Notice of Taking Expert Deposition Duces Tecum of Greg Minneti filed.
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Date: 08/15/2008
Proceedings: Seminole County`s Notice of Taking Expert Deposition Duces Tecum of John Woolschlager filed.
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Date: 08/15/2008
Proceedings: Seminole County`s Notice of Taking Expert Deposition Duces Tecum of Robin Lewis filed.
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Date: 08/15/2008
Proceedings: St. Johns Riverkeeper, Inc.`s Cross-notice of Taking Deposition of Seminole County Pursuant to Florida Rule of Civil Procedure 1.310(b)(6) filed.
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Date: 08/14/2008
Proceedings: Petitioner, St. Johns County`s Cross-notice of Taking Deposition of Designated Corporate Representative of Semminole County filed.
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Date: 08/14/2008
Proceedings: Petitioner, St. Johns County`s Cross-notice of Taking Deposition of Randall Bushey filed.
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Date: 08/14/2008
Proceedings: Petitioner, St. Johns County`s Cross-notice of Taking Deposition of William McMillin filed.
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Date: 08/14/2008
Proceedings: Petitioner, St. Johns County`s Cross-notice of Taking Deposition of Ivan Chou filed.
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Date: 08/14/2008
Proceedings: Seminole County`s Continued Notice of Taking Deposition of City of Jacksonville Pursuant to Florida Rule of Civil Procedure 1.310(b)(6) filed.
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Date: 08/14/2008
Proceedings: Petitioner, St. Johns County`s Cross-notice of Taking Deposition of Alan W. Aikens filed.
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Date: 08/14/2008
Proceedings: Petitioner, St. Johns County`s Cross-notice of Taking Deposition of Robert Briggs filed.
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Date: 08/14/2008
Proceedings: Petitioner, St. Johns County`s Cross-notice of Taking Deposition of John Cirello filed.
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Date: 08/14/2008
Proceedings: Petitioner, St. Johns County`s Corss-notice of Taking Deposition of Dennis Westrick filed.
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Date: 08/14/2008
Proceedings: Petitioner, St. Johns County`s Cross-notice of Taking Deposition of Carol Hunter filed.
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Date: 08/13/2008
Proceedings: City of Jacksonville`s Amended Notice of Taking Deposition of Seminole County Pursuant to Florida Rule of Civil Procedure 1.310(b)(6) filed.
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Date: 08/12/2008
Proceedings: Notice of Taking Deposition (J. Cirello) filed.
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Date: 08/12/2008
Proceedings: Notice of Taking Deposition (R. Briggs) filed.
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Date: 08/12/2008
Proceedings: Notice of Taking Deposition (A. Aikens) filed.
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Date: 08/12/2008
Proceedings: Notice of Taking Deposition (C. Hunter) filed.
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Date: 08/12/2008
Proceedings: Notice of Taking Deposition (D. Westrick) filed.
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Date: 08/12/2008
Proceedings: Notice of Taking Deposition (I. Chou) filed.
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Date: 08/12/2008
Proceedings: Notice of Taking Deposition (W. McMillin) filed.
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Date: 08/12/2008
Proceedings: Notice of Taking Deposition (of R. Bushey) filed.
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Date: 08/12/2008
Proceedings: City of Jacksonville`s Notice of Taking Deposition of Seminole County Pursuant to Florida Rule of Civil Procedure 1.310(b)(6) filed.
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Date: 08/08/2008
Proceedings: Notice of Appearance filed.
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Date: 08/06/2008
Proceedings: Order Granting Leave to Amend.
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Date: 08/06/2008
Proceedings: Seminole County`s Second Amended Notice of Taking Deposition of St. Johns County Pursuant to Florida Rule of Civil Procedure 1.310(b)(6) filed.
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Date: 08/05/2008
Proceedings: Stipulation by St. Johns County, St. Johns River Water Management District and Seminole County Regarding Relevant Issues, Corporate Representative Deposition of St. Johns County filed.
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Date: 08/05/2008
Proceedings: St. Johns County`s Second Amended Petition for Administrative Hearing filed.
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Date: 08/05/2008
Proceedings: St. Johns County`s Motion to Amend Petition for Formal Administrative Hearing filed.
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Date: 08/05/2008
Proceedings: Petition for Review of a Non-Final Order of the Division of Administrative Hearings filed.
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Date: 08/05/2008
Proceedings: Osceola County and Tohopekaliga Water Authority`s Motion to Expedite Apprllate Review of its Petition for Review of a Non-Final Order of the Division of Administrative Hearings filed.
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Date: 08/05/2008
Proceedings: Appendix to Petition for Review of a Non-Final Order of the Division of Administrative Hearings filed.
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Date: 08/04/2008
Proceedings: Order Dismissing Cocoa`s Intervention with Prejudice.
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Date: 08/01/2008
Proceedings: Seminole County`s Amended Notice of Taking Deposition of Jan Brewer filed.
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Date: 07/30/2008
Proceedings: Notice of Appearance (Regina D. Ross) filed.
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Date: 07/25/2008
Proceedings: Respondent St. Johns River Water Management District`s Cross-notice of Taking Deposition of Jan Brewer filed.
PDF:
Date: 07/25/2008
Proceedings: Response in Opposition to St. John Riverkeeper, Inc.`s Motion to Dimiss City of Cocoa`s Amended Petition for Intervention filed.
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Date: 07/25/2008
Proceedings: Seminole County`s Notice of Taking Deposition of Jan Brewer filed.
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Date: 07/24/2008
Proceedings: Seminole County Amended Notice of Taking Deposition of Robert Morton filed.
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Date: 07/24/2008
Proceedings: Seminole County`s Amended Notice of Taking Deposition of St. Johns County Pursuant to Florida Rule of Civil Procedure 1.310(b)(6) filed.
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Date: 07/23/2008
Proceedings: Respondent St. Johns River Water Management District`s Cross-Notice of Taking Deposition of Vincent Siebold filed.
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Date: 07/23/2008
Proceedings: Respondent St. Johns River Water Management District`s Cross-Notice of Taking Deposition of Robert Morton filed.
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Date: 07/23/2008
Proceedings: Respondent St. Johns River Water Management District`s Cross-Notice of Taking Deposition of Petitioner City of Jacksonville filed.
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Date: 07/23/2008
Proceedings: Seminole County`s Notice of Taking Deposition of Vincent Siebold filed.
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Date: 07/23/2008
Proceedings: Seminole County`s Notice of Taking Deposition of Robert Morton filed.
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Date: 07/23/2008
Proceedings: Petitioner, St. Johns County`s Response to Respondent`s First Request for Admissions filed.
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Date: 07/23/2008
Proceedings: St. Johns County`s Response to Respondent`s First Request for Production of Documents filed.
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Date: 07/23/2008
Proceedings: St. Johns County`s Notice of Service of Response to Respondent`s First Set of Interrogatories filed.
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Date: 07/23/2008
Proceedings: St. Johns Riverkeeper, Inc.`s Motion to Dismiss City of Cocoa`s Amended Petition for Intervention into Formal Administrative Proceedings filed.
PDF:
Date: 07/23/2008
Proceedings: Respondent St. Johns River Water Management District`s Cross-Notice of Taking Deposition of Petitioner St. Johns Riverkeeper, Inc., filed.
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Date: 07/22/2008
Proceedings: Respondent St. Johns River Water Management District`s Amended Notice of Service of Answers and Objections to Petitioner St. Johns County`s First Set of Interrogatories filed.
PDF:
Date: 07/22/2008
Proceedings: Seminole County`s Amended Notice of Taking Deposition of St. Johns Riverkeeper, Inc. Pursuant to Florida Rule of Civil Procedure 1.310(b)(6) filed.
PDF:
Date: 07/21/2008
Proceedings: Seminole County`s Amended Notice of Taking Deposition of City of Jacksonville Pursuant to Florida Rule of Civil Procedure 1.310(b)(6) filed.
PDF:
Date: 07/21/2008
Proceedings: Petitioner St. Johns Riverkeeper, Inc.`s Response to Seminole County`s Second Request for Production of Documents filed.
PDF:
Date: 07/21/2008
Proceedings: Petitioner St. Johns Riverkeeper`s Response to St. Johns River Water Management District`s First Request for the Production of Documents filed.
PDF:
Date: 07/21/2008
Proceedings: Notice of Service of Responses to Respondent St. Johns River Water Management District`s Interrogatories to Petitioner filed.
PDF:
Date: 07/21/2008
Proceedings: Petitioner`s Response to Respondent`s First Request for Admissions filed.
PDF:
Date: 07/18/2008
Proceedings: Petitioner City of Jacksonville`s Answers to Respondent St. Johns River Water Management District`s First Request for Production of Documents filed.
PDF:
Date: 07/18/2008
Proceedings: Petitioner City of Jacksonville`s Answers to Respondent St. Johns River Water Management District`s First Request for Admissions filed.
PDF:
Date: 07/18/2008
Proceedings: City of Jacksonville`s Notice of Service of First Set of Interrogatories filed.
PDF:
Date: 07/18/2008
Proceedings: Respondent St. Johns River Water Management District`s Response to Petitioner St. Johns Riverkeeper, Inc.`s First Request for Production of Documents filed.
PDF:
Date: 07/18/2008
Proceedings: Respondent St. Johns River Water Management District`s Notice of Service of Answers and Objections to Petitioner St. Johns Riverkeeper, Inc.`s First Set of Interrogatories filed.
PDF:
Date: 07/17/2008
Proceedings: Stipulation by Jacksonville and Seminole County Regarding Relevant Issues, Corporate Representative Deposition of Jacksonville filed.
PDF:
Date: 07/16/2008
Proceedings: Respondent St. Johns River Water Management District`s Notice of Service of Answers and Objections to Petitioner St. Johns County`s First Set of Interrogatories filed.
PDF:
Date: 07/16/2008
Proceedings: Respondent St. Johns River Water Management District`s Response to Petitioner St. Johns County`s First Request for Production of Documents filed.
PDF:
Date: 07/15/2008
Proceedings: Order Denying Motion to Dismiss.
PDF:
Date: 07/14/2008
Proceedings: Seminole County`s Notice of Serving Responses to Riverkeeper`s First Set of Interrogatories filed.
PDF:
Date: 07/14/2008
Proceedings: Seminole County`s Response to Riverkeeper`s First Request for Production of Documents filed.
PDF:
Date: 07/14/2008
Proceedings: Seminole County`s Response to Riverkeeper`s First Request for Admissions filed.
PDF:
Date: 07/14/2008
Proceedings: Seminole County`s Notice of Serving Response to St. Johns County`s First Set of Interrogatories filed.
PDF:
Date: 07/14/2008
Proceedings: Seminole County`s Response to St. Johns County`s First Request for Production of Documents filed.
PDF:
Date: 07/14/2008
Proceedings: City of Jacksonville`s Response to Seminole County`s Motion to Dismiss filed.
PDF:
Date: 07/14/2008
Proceedings: Respondent District`s Response to Petitioner Riverkeeper`s Request for Admissions filed.
PDF:
Date: 07/08/2008
Proceedings: Order Dismissing Intervention Petitions of Toho, Osceola, and Sanford with Prejudice.
PDF:
Date: 07/07/2008
Proceedings: Seminole County`s Motion to Dismiss City of Jacksonville`s Corrected Petition for Administrative Hearing filed.
PDF:
Date: 07/07/2008
Proceedings: City of Cocoa`s Amended Petition to Intervene in Formal Administrative Proceedings filed.
PDF:
Date: 07/02/2008
Proceedings: Notice of Filing Exhibit D to Osceola County`s Amended Petition for Intervention into Formal Administrative Proceedings filed.
PDF:
Date: 07/02/2008
Proceedings: Notice of Filing Exhibit D to Tohopekaliga Water Authority`s Amended Petition for Intervention into Formal Administrative Proceedings filed.
PDF:
Date: 07/01/2008
Proceedings: Letter to Judge Johnston from S. Fernandez regarding Osceola County`s and TOHO`s Motions to Expedite Response Times filed.
PDF:
Date: 07/01/2008
Proceedings: Notice of Appearance (filed by K. Wright).
PDF:
Date: 07/01/2008
Proceedings: Petitioner St. Johns Riverkeeper`s Preliminary Witness List filed.
PDF:
Date: 07/01/2008
Proceedings: Osceola County`s Motion to Expedite Response Times, Grant Oral Argument, and Expedite Consideration filed.
PDF:
Date: 07/01/2008
Proceedings: Tohopekaliga Water Authority`s Motion to Expedite Response Times, Grant Oral Argument, and Expedite Consideration filed.
PDF:
Date: 06/30/2008
Proceedings: Order Denying Motion to Compel.
PDF:
Date: 06/30/2008
Proceedings: Tohopekaliga Water Authority`s Amended Petition for Intervention into Formal Administrative Proceedings Pursuant to Sections 120.569 and 120.57(1), Florida Statues filed.
PDF:
Date: 06/30/2008
Proceedings: Osceola County`s Amended Petition for Intervention into Formal Administrative Proceedings Pursuant to Sections 120.569 and 120.57(1), Florida Statues filed.
PDF:
Date: 06/30/2008
Proceedings: Notice of City of Cocoa`s Preliminary Witness List filed.
PDF:
Date: 06/30/2008
Proceedings: City of Jacksonville`s Preliminary Witness List filed.
PDF:
Date: 06/30/2008
Proceedings: Petitioner St. Johns County Preliminary Witness List filed.
PDF:
Date: 06/30/2008
Proceedings: Respondent District`s Preliminary Witness List filed.
PDF:
Date: 06/30/2008
Proceedings: Notice of Seminole County`s Preliminary Witnesses List filed.
PDF:
Date: 06/27/2008
Proceedings: Order Clarifying Party Status of City of Jacksonville.
PDF:
Date: 06/27/2008
Proceedings: Order on Riverkeeper`s Motion to Dismiss Cocoa Petition to Intervene.
PDF:
Date: 06/25/2008
Proceedings: Seminole County`s Clarifying Reply to City of Jacksonville`s Response to Seminole County`s Motions to Compel Production filed.
PDF:
Date: 06/24/2008
Proceedings: City of Jacksonville`s Response to Seminole County`s Motion for Clarification of Party Status of City of Jacksonville filed.
PDF:
Date: 06/24/2008
Proceedings: City of Jacksonville`s Response to Order on Petition to Intervene Filed by City of Jacksonville filed.
PDF:
Date: 06/24/2008
Proceedings: Seminole County`s Notice of Taking Deposition of St. Johns Riverkeeper, Inc. Pursuant to Florida Rule of Civil Procedure 1.310(b)(6) filed.
PDF:
Date: 06/24/2008
Proceedings: Seminole County`s Notice of Taking Deposition of St. Johns County Pursuant to Florida Rule of Civil Procedure 1.310(b)(6) filed.
PDF:
Date: 06/24/2008
Proceedings: Seminole County`s Notice of Taking Deposition of City of Jacksonville Pursuant to Florida Rule of Civil Procedure 1.310(b)(6) filed.
PDF:
Date: 06/23/2008
Proceedings: Seminole County`s Response in Opposition to Riverkeeper`s Motions to Dismiss Cocoa`s Petition for Intervention into Formal Administrative Proceedings filed.
PDF:
Date: 06/23/2008
Proceedings: Petitioner St. Johns Riverkeeper`s First Request for Production of Documents to Intervenor City of Sanford filed.
PDF:
Date: 06/23/2008
Proceedings: Petitioner St. Johns Riverkeeper`s Request for Admissions to Intervenor Seminole County filed.
PDF:
Date: 06/23/2008
Proceedings: St. Johns Riverkeeper`s Notice of Service of its First Set of Interrogatories to Intervenor City of Sanford filed.
PDF:
Date: 06/23/2008
Proceedings: St. Johns Riverkeeper`s Notice of Service of its First Set of Interrogatories to Intervenor City of Cocoa filed.
PDF:
Date: 06/23/2008
Proceedings: Petitioner St. Johns Rivekeeper`s First Request for Production of Documents to Intervenor City of Cocoa filed.
PDF:
Date: 06/23/2008
Proceedings: Petitioner St. Johns Riverkeeper`s First Request for Production of Documents to Intervenor Osceola County filed.
PDF:
Date: 06/23/2008
Proceedings: St. Johns Riverkeeper`s Notice of Service of its First Set of Interrogatories to Intervenor Osceola County filed.
PDF:
Date: 06/23/2008
Proceedings: Notice of Serving Petitioner St. Johns Riverkeeper`s First Set of Interrogatories to the St. Johns River Water Management District filed.
PDF:
Date: 06/23/2008
Proceedings: St. Johns Riverkeeper`s First Request for Production of Documents from Respondent St. Johns River Water Management District filed.
PDF:
Date: 06/23/2008
Proceedings: Petitioner St. Johns Riverkeeper`s Request for Admissions to Respondent St. Johns River Water Management District filed.
PDF:
Date: 06/23/2008
Proceedings: Petitioner St. Johns Riverkeeper`s Notice of Serving its First Set of Interrogatories to Seminole County filed.
PDF:
Date: 06/23/2008
Proceedings: St. Johns Riverkeeper`s Notice of Service of its First Set of Interrogatories to Intervenor Tohopekaliga Water Authority filed.
PDF:
Date: 06/23/2008
Proceedings: Petitioner St. Johns Riverkeeper`s First Request for Production of Documents to Intervenor Tohopekaliga Water Authority filed.
PDF:
Date: 06/23/2008
Proceedings: St. Johns Riverkeeper`s First Request for Production of Documents from Intervenor Seminole County filed.
PDF:
Date: 06/20/2008
Proceedings: Order on Riverkeeper`s Motions to Dismiss Petitions to Intervene.
PDF:
Date: 06/20/2008
Proceedings: City of Jacksonville`s Response to Seminole County`s Supplement Motion to Compel Production of Documents to its Second Request to Produce, and Seminole County`s Motion to Compel Production of Documents Responsive to Seminole County`s Third Request for Production of Documents, and for Sanctions filed.
PDF:
Date: 06/20/2008
Proceedings: Response in Opposition to St. Johns Riverkeeper, Inc.`s Motion to Dismiss City of Cocoa`s Petition for Intervention filed.
PDF:
Date: 06/19/2008
Proceedings: St. Johns Riverkeeper, Inc.`s Motion to Dismiss City of Cocoa`s Petition for Intervention into Formal Administrative Proceedings filed.
PDF:
Date: 06/18/2008
Proceedings: Order on Petition to Intervene filed by City of Jacksonville.
PDF:
Date: 06/18/2008
Proceedings: Seminole County`s Motion for Clarification of Party Status of City of Jacksonville filed.
PDF:
Date: 06/18/2008
Proceedings: City of Jacksonville`s Corrected Petition to Intervene filed.
PDF:
Date: 06/16/2008
Proceedings: Order Granting Official Recognition.
PDF:
Date: 06/16/2008
Proceedings: City of Jacksonville`s Petition to Intervene filed.
PDF:
Date: 06/16/2008
Proceedings: Petitioner, St. Johns County`s First Request for Production of Documents to Intervenor Seminole County filed.
PDF:
Date: 06/16/2008
Proceedings: Petitioner, St. Johns County`s First Request for Production of Documents to Respondent St. Johns River Water Management District filed.
PDF:
Date: 06/16/2008
Proceedings: St. Johns County`s Notice of Service of Its First Set of Interrogatories to Respondent St. Johns River Water Management District filed.
PDF:
Date: 06/16/2008
Proceedings: St. Johns County`s Notice of Service of Its First Set of Interrogatories to Respondent Seminole County filed.
PDF:
Date: 06/16/2008
Proceedings: Notice of Service of First Set of Interrogatories to Intervenor Tohopekaliga Water Authority filed.
PDF:
Date: 06/13/2008
Proceedings: Petitioner, City of Jacksonville`s First Request for Production of Documents to Intervenor Osceola County filed.
PDF:
Date: 06/13/2008
Proceedings: Petitioner, City of Jacksonville`s First Request for Production of Documents to Intervenor City of Cocoa filed.
PDF:
Date: 06/13/2008
Proceedings: Petitioner, City of Jacksonville`s First Request for Production of Documents to Intervenor Tohopekaliga Water Authority filed.
PDF:
Date: 06/13/2008
Proceedings: Petitioner, City of Jacksonville`s First Request for Production of Documents to Intervenor City of Sanford filed.
PDF:
Date: 06/13/2008
Proceedings: Notice of Service of First Set of Interrogatories to Intervenor City of Sanford filed.
PDF:
Date: 06/13/2008
Proceedings: Notice of Service of First Set of Interrogatories to Intervenor City of Cocoa filed.
PDF:
Date: 06/13/2008
Proceedings: Notice of Service of First interrogatories to Intervenor Osceola County filed.
PDF:
Date: 06/13/2008
Proceedings: Seminole County`s Supplement to Motion to Compel Production of Documents by Jacksonville, and Motion to Compel Production of Documents Responsive to Seminole County`s Third Request for Production of Documents, and for Sanctions filed.
PDF:
Date: 06/13/2008
Proceedings: Notice of Appearance (filed by N. Porter).
PDF:
Date: 06/13/2008
Proceedings: Respondent St. Johns River Water Management District`s Notice of Service of First Set of Interrogatories to Petitioner City of Jacksonville filed.
PDF:
Date: 06/13/2008
Proceedings: Respondent St. Johns River Water Management District`s First Request to Petitioner City of Jacksonville for Production of Documents filed.
PDF:
Date: 06/13/2008
Proceedings: Respondent St. Johns River Water Management District`s First Request for Admissions from Petitioner City of Jacksonville filed.
PDF:
Date: 06/13/2008
Proceedings: Respondent St. Johns River Water Management District`s Notice of Service of First Set of Interrogatories to Petitioner St. Johns Riverkeeper, Inc. filed.
PDF:
Date: 06/13/2008
Proceedings: Respondent St. Johns River Water Management District`s First Request to Petitioner St. Johns Riverkeeper for Production of Documents filed.
PDF:
Date: 06/13/2008
Proceedings: Respondent St. Johns River Water Management District`s First Request for Admissions from Petitioner St. Johns Riverkeeper filed.
PDF:
Date: 06/13/2008
Proceedings: Respondent St. Johns River Water Management District`s Notice of Service of First Set of Interrogatories to Petitioner St. Johns County filed.
PDF:
Date: 06/13/2008
Proceedings: Respondent St. Johns River Water Management District`s First Request to Petitioner St. Johns County for Production of Documents filed.
PDF:
Date: 06/13/2008
Proceedings: Respondent St. Johns River Water Management District`s First Request for Admissions from Petitioner St. Johns County filed.
PDF:
Date: 06/11/2008
Proceedings: Plaintiff`s Notice of Unavailability filed.
PDF:
Date: 06/10/2008
Proceedings: Seminole County`s Response in Opposition to Riverkeeper`s Motion to Dismiss Sanford`s Petition for Intervention into Formal Administrative Proceedings filed.
PDF:
Date: 06/10/2008
Proceedings: Petitioner City of Jacksonville`s Response to Intervenor Seminole County`s Third Request for Production of Documents filed.
PDF:
Date: 06/09/2008
Proceedings: St. Johns County`s Response to Seminole County`s Second Request for Production of Documents filed.
PDF:
Date: 06/09/2008
Proceedings: Response in Opposition to St. Johns Riverkeeper, Inc.`s Motion to Dismiss City of Sanford`s Petition for Intervention filed.
PDF:
Date: 06/09/2008
Proceedings: Notice of Appearance (filed by C. Varn).
PDF:
Date: 06/06/2008
Proceedings: Seminole County`s Motion to Compel Production of Documents by Jacksonville filed.
PDF:
Date: 06/06/2008
Proceedings: St. Johns Riverkeeper, Inc.`s Motion to Dismiss City of Sanford`s Petition for Intervention into Formal Administrative Proceedings filed.
PDF:
Date: 06/05/2008
Proceedings: Corrected Order on Seminole County`s Motions to Dismiss or Strike.
PDF:
Date: 06/05/2008
Proceedings: Order Denying Seminole County`s Motions to Dismiss or Strike.
PDF:
Date: 06/03/2008
Proceedings: Seminole County`s Request for Official Recognition filed.
PDF:
Date: 06/03/2008
Proceedings: Order Granting Leave to Intervene (City of Cocoa).
PDF:
Date: 06/02/2008
Proceedings: Petitioner City of Jacksonville`s Response to Seminole County`s Second Request for Production of Documents filed.
PDF:
Date: 05/30/2008
Proceedings: City of Cocoa`s Petition to Intervene in Formal Administrative Proceedings filed.
PDF:
Date: 05/29/2008
Proceedings: Notice of Appearance filed.
PDF:
Date: 05/29/2008
Proceedings: Notice of Appearance (filed by H. Marthinsen).
PDF:
Date: 05/22/2008
Proceedings: Notice of Service of Amended Responses to Intervenor Seminole County`s Interrogatories and Request for Production of to Petitioner filed.
PDF:
Date: 05/20/2008
Proceedings: Order Denying Motion to Consolidate.
PDF:
Date: 05/20/2008
Proceedings: Order Granting Leave to Intervene (City of Sanford).
PDF:
Date: 05/16/2008
Proceedings: St. Johns County`s Supplemental Response to Seminole County`s First Request for Production of Documents filed.
PDF:
Date: 05/16/2008
Proceedings: St. Johns County`s Notice of Service of Supplemental Responses to Seminole County`s First Set of Interrogatories filed.
PDF:
Date: 05/14/2008
Proceedings: Order Granting Leave to Withdraw.
PDF:
Date: 05/13/2008
Proceedings: Corrected Order Correcting Caption.
PDF:
Date: 05/13/2008
Proceedings: City of Sanford`s Petition for Intervention into Formal Administrative Proceedings filed.
PDF:
Date: 05/12/2008
Proceedings: Motion to Withdraw as to Counsel WM. J. Sheppard and Sheppard, White, Thomas & Kachergus, P.A. filed.
PDF:
Date: 05/09/2008
Proceedings: Seminole County`s Second Request for Production of Documents to St. Johns County filed.
PDF:
Date: 05/08/2008
Proceedings: Seminole County`s Second Request for Production of Documents to St. Johns Riverkeeper, Inc. filed.
PDF:
Date: 05/08/2008
Proceedings: Seminole County`s Third Request for Production of Documents to City of Jacksonville filed.
PDF:
Date: 05/08/2008
Proceedings: Notice of Joinder in Seminole County`s Response to the City`s Motion to Consolidate filed.
PDF:
Date: 05/07/2008
Proceedings: Petitioner`s Response to Seminole County`s Motion to Dismiss St. Johns County`s Amended Petition for Administrative Hearing filed.
PDF:
Date: 05/07/2008
Proceedings: Stipulated Discovery Schedule filed.
PDF:
Date: 05/07/2008
Proceedings: Notice of Filing Stipulated Discovery Schedule filed.
PDF:
Date: 05/06/2008
Proceedings: Seminole County`s Response to Jacksonville`s Motion to Consolidate Petition Challenging Unadopted Rule filed.
PDF:
Date: 05/05/2008
Proceedings: Petitioner`s Response to Seminole County`s Motion to Dismiss St. John County`s Amended Petition for Administrative Hearing filed.
PDF:
Date: 05/05/2008
Proceedings: City of Jacksonville`s Motion to Consolidate Petition Challenging Unadopted Rule filed.
PDF:
Date: 05/05/2008
Proceedings: Petitioner`s Response to Seminole County`s Motion to Dismiss or Strike City of Jacksonville`s Amended petition for Administrative Hearing filed.
PDF:
Date: 05/02/2008
Proceedings: Tohopekaliga Water Authority`s Response to St. Johns Riverkeeper, Inc.`s Motion to Dismiss Tohopekaliga Water Authority`s Petition for Intervention into Formal Administrative Proceedings filed.
PDF:
Date: 05/02/2008
Proceedings: Osceola County`s Response to St. Johns Riverkeeper, Inc.`s Motion to Dismiss Osceola County`s Petition for Intervention into Formal Administrative Proceedings filed.
PDF:
Date: 05/02/2008
Proceedings: Seminole County`s Response in Opposition to Riverkeeper`s Motion to Dismiss TOHO Water Authority`s and Osceola County`s Petitions for Intervention into Formal Administrative Proceeding filed.
PDF:
Date: 05/02/2008
Proceedings: Seminole County`s Second Request for Production of Documents to City of Jacksonville filed.
PDF:
Date: 05/01/2008
Proceedings: Respondent St. Johns River Water Management District`s Amended Notice of Service of Answers and Objections to Petitioner City of Jacksonville`s First Set of Interrogatories filed.
PDF:
Date: 04/28/2008
Proceedings: Seminole County`s Motion to Dismiss or Strike St. Johns County`s Amended Petition for Administrative Hearing filed.
PDF:
Date: 04/28/2008
Proceedings: Seminole County`s Motion to Dismiss or Strike City of Jacksonville`s Amended Petition for Administrative Hearing filed.
PDF:
Date: 04/28/2008
Proceedings: Order Correcting Caption.
PDF:
Date: 04/25/2008
Proceedings: St. Johns Riverkeeper, Inc.`s Motion to Dismiss Tohopekaliga Water Authority`s Petition for Intervention into Formal Administrative Proceedings filed.
PDF:
Date: 04/25/2008
Proceedings: Respondent St. Johns River Water Management District`s Response to Petitioner City of Jacksonville`s First Request for Production of Documents filed.
PDF:
Date: 04/25/2008
Proceedings: Respondent St. Johns River Water Management Distrtict`s Notice of Service of Answers and Objections to Petitioner City of Jacksonville`s First Set of Interrogatories filed.
PDF:
Date: 04/25/2008
Proceedings: St. Johns Riverkeeper, Inc.`s Motion to Dismiss Osceola County`s Petition for Intervention into Formal Administrative Proceedings filed.
PDF:
Date: 04/24/2008
Proceedings: St. Johns County`s Notice of Service of Response to Seminole County`s First Set of Interrogatories filed.
PDF:
Date: 04/24/2008
Proceedings: St. Johns County`s Response to Seminole County`s First Request for Production filed.
PDF:
Date: 04/24/2008
Proceedings: Amended Notice of Hearing (hearing set for October 1 through 3, 6 through 10 and 15 through 17, 2008; 9:00 a.m.; Sanford, FL; amended as to location).
PDF:
Date: 04/24/2008
Proceedings: Order Establishing Hearing Location.
PDF:
Date: 04/21/2008
Proceedings: St. Johns County`s Response to Seminole County`s First Request for Production of Documents filed.
PDF:
Date: 04/21/2008
Proceedings: St. Johns County`s Notice of Service of Response to Seminole County`s First Set of Interrogatories filed.
PDF:
Date: 04/21/2008
Proceedings: St. Johns County`s Notice of Service of Response to Seminole County`s First Set of Interrogatories filed.
PDF:
Date: 04/21/2008
Proceedings: St. Johns County`s Amended Petition for Administrative Hearing filed.
PDF:
Date: 04/21/2008
Proceedings: Petitioner St. Johns Riverkeeper`s Response to Intervenor Seminole County`s First Request for the Production of Documents filed.
PDF:
Date: 04/21/2008
Proceedings: Notice of Service of Responses to Intervenor Seminole County`s Interrogatories to Petitioner filed.
PDF:
Date: 04/18/2008
Proceedings: Seminole County`s Response to City of Jacksonville`s First Request for Production of Documents filed.
PDF:
Date: 04/18/2008
Proceedings: Seminole County`s Notice of Serving Response to City of Jacksonville`s First Set of Interrogatories filed.
PDF:
Date: 04/18/2008
Proceedings: Petitioner`s Answers to Respondent Seminole County`s First Set of Interrogatories to City of Jacksonville filed.
PDF:
Date: 04/18/2008
Proceedings: City of Jacksonville`s Notice of Service of Response to Seminole County`s Frist Set of Interrogatories filed.
PDF:
Date: 04/18/2008
Proceedings: City of Jacksonville`s Response to Seminole County Request for Production filed.
PDF:
Date: 04/17/2008
Proceedings: Amended Petition for Administrative Hearing filed.
PDF:
Date: 04/17/2008
Proceedings: St. Johns County`s Amended Petition for Administrative Hearing filed.
PDF:
Date: 04/14/2008
Proceedings: Motion to Establish Sanford, Florida as Final Hearing Location filed.
PDF:
Date: 04/08/2008
Proceedings: Order Granting Leave to Intervene (Tohopekaliga Water Authority and Osceola County).
PDF:
Date: 04/07/2008
Proceedings: Order on Pending Motions.
PDF:
Date: 04/07/2008
Proceedings: Tohopekaliga`s Petition for Intervention into Formal Administrative Proceedings Pursuant to Sections 120.569 and 120.57(1), Florida Statues filed.
PDF:
Date: 04/07/2008
Proceedings: Osceola County`s Petition for Intervention Into Formal Administrative Proceedings Pursuant to Section 120.569 and 120.57(1), Florida Statues filed.
PDF:
Date: 04/04/2008
Proceedings: Seminole County`s Response to Jacksonville`s Motion to Amend Petition for Formal Administrative Hearing filed.
PDF:
Date: 03/31/2008
Proceedings: Petitioner, City of Jacksonville`s Response to Seminole County`s Motion to Dismiss filed.
PDF:
Date: 03/31/2008
Proceedings: City of Jacksonville`s Motion to Amend Petition for Formal Administrative Hearing filed.
PDF:
Date: 03/28/2008
Proceedings: Notice of Hearing (hearing set for October 1 through 3, 6 through 10 and 15 through 17, 2008; 9:00 a.m.; Sanford, FL).
PDF:
Date: 03/28/2008
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 03/25/2008
Proceedings: Joint Response to Initial Order filed.
PDF:
Date: 03/24/2008
Proceedings: Petitioner, City of Jacksonville`s First Request for Documents to Respondent St. John`s Water Management District filed.
PDF:
Date: 03/24/2008
Proceedings: City of Jacksonville`s Notice of Service of its First Set of Interrogatories to Respondent St. Johns Water Management District filed.
PDF:
Date: 03/21/2008
Proceedings: Seminole County`s Motion to Dismiss or Strike City of Jacksonville`s Petition for Administrative Hearing filed.
PDF:
Date: 03/21/2008
Proceedings: Seminole County`s Motion to Dismiss or Strike Riverkeeper`s Petition for Administrative Hearing filed.
PDF:
Date: 03/21/2008
Proceedings: Seminole County`s Motion to Dismiss or Strike St. Johns County Petition for Administrative Hearing filed.
PDF:
Date: 03/19/2008
Proceedings: Order Granting Leave to Intervene (Seminole County).
PDF:
Date: 03/18/2008
Proceedings: City of Jacksonville`s Notice of Service of First Set of Interrogatories to Intervenor Seminole County filed.
PDF:
Date: 03/18/2008
Proceedings: Petitioner, City of Jacksonville`s First Request for Production of Documents to Intervenor Seminole County filed.
PDF:
Date: 03/18/2008
Proceedings: Order Consolidating Cases (DOAH Case Nos. 08-1316, 08-1317 and 08-1318).
PDF:
Date: 03/17/2008
Proceedings: St. Johns River Water Management District Notice of Related Cases filed. (DOAH Case Nos. 08-1316, 08-1317 and 08-1318)
PDF:
Date: 03/17/2008
Proceedings: St. Johns River Water Management District Notice of Transcription filed.
PDF:
Date: 03/17/2008
Proceedings: Seminole County`s Motion to Consolidate filed.
PDF:
Date: 03/17/2008
Proceedings: Seminole County`s First Request for Production of Documents to St. Johns Riverkeeper, Inc., filed.
PDF:
Date: 03/17/2008
Proceedings: Notice of Service of Seminole County`s First Interrogatories to St. Johns Riverkeeper, Inc., filed.
PDF:
Date: 03/17/2008
Proceedings: Seminole County`s Petition to Intervene as Indispensable Party in Formal Administrative Proceedings filed.
PDF:
Date: 03/17/2008
Proceedings: Staff`s Recommendation filed.
PDF:
Date: 03/17/2008
Proceedings: Petition for Formal Administrative Proceeding filed.
PDF:
Date: 03/17/2008
Proceedings: St. Johns River Water Management District Notice of Referral filed.
PDF:
Date: 03/17/2008
Proceedings: Initial Order.

Case Information

Judge:
J. LAWRENCE JOHNSTON
Date Filed:
03/17/2008
Date Assignment:
03/17/2008
Last Docket Entry:
08/23/2011
Location:
Tallahassee, Florida
District:
Northern
Agency:
ADOPTED IN PART OR MODIFIED
 

Counsels

Related DOAH Cases(s) (2):

Related Florida Statute(s) (11):

Related Florida Rule(s) (2):