91-001408
Csx Realty, Inc. vs.
Board Of Trustees Of The Internal Improvement Trust Fund
Status: Closed
Recommended Order on Monday, January 27, 1992.
Recommended Order on Monday, January 27, 1992.
1STATE OF FLORIDA
4DIVISION OF ADMINISTRATIVE HEARINGS
8CSX REALTY, INC., )
12)
13Petitioner, )
15)
16vs. ) CASE NO. 91-1408
21)
22BOARD OF TRUSTEES OF THE )
28INTERNAL IMPROVEMENT TRUST )
32FUND, )
34)
35Respondent, )
37)
38and )
40)
41CSX TRANSPORTATION, INC., )
45)
46Intervenor. )
48____________________________)
49RECOMMENDED ORDER
51Pursuant to notice, this cause was heard by William R. Cave, the assigned
64Hearing Officer from the Division of Administrative Hearings, on November 14,
751991 in Venice, Florida and on November 21, 1991 in Tallahassee, Florida.
87APPEARANCES
88For Petitioner Richard A. Lotspeich
93and Intervenor: Landers & Parsons
98310 West College Avenue
102P.O. Box 271
105Tallahassee, Florida 32302
108For Respondent: Suzanne B. Doub Brantley
114Nona Schaffner
116Department of Natural Resources
120Office of General Counsel
124Room 922, Douglas Building
1283900 Commonwealth Boulevard
131Tallahassee, Florida 32399
134STATEMENT OF THE ISSUE
138The issue presented is whether Petitioner, CSX Realty, Inc. ( CSXR) is
150entitled to a disclaimer to the submerged lands beneath the phosphate loading
162pier near the southern end of Gasparilla Island, Lee County, Florida, pursuant
174to Section 253.129, Florida Statutes, and Chapter 8537, Laws of Florida 1921,
186commonly referred to as the Butler Act.
193PRELIMINARY STATEMENT
195On November 29, 1990, CSXR applied to the Respondent for a disclaimer to
2081.39 acres more or less of submerged lands beneath and immediately adjacent to
221the phosphate loading pier located in Charlotte Harbor near the southern end of
234Gasparilla Island, Lee County, Florida. By letter dated December 31, 1991, the
246Department of Natural Resources (Department), acting as staff to the Board of
258Trustees of the Internal Improvement Trust Fund (Board) notified CSXR that its
270application did not qualify for a disclaimer. Petitioner filed a timely
281Petition for Formal Administrative Proceeding challenging this action by the
291Board. By letter dated March 1, 1991, the Department transferred this matter to
304the Division of Administrative Hearings for the assignment of a Hearing Officer
316and to conduct a formal hearing. After several continuances, this matter was
328heard on November 14, 1991 in Venice, Florida and concluded on November 21, 1991
342in Tallahassee, Florida.
345At the hearing, CSXR presented the testimony of Harold E. Bowe, Jack
357Hackett and Stanley K. Ink. CSXR's exhibits nos. 1-4 and 6-8 were admitted as
371evidence. Intervenor, CSX Transportation ( CSXT) presented no evidence.
380The Board presented the testimony of Judy Wysocki, Kenton R. Keiling, Kris
392K. Jain and Pete Mallison. The Board's exhibits nos. 1-10 were admitted as
405evidence.
406Respondent's Motion for Official Recognition of: (1) Chapters 120 and 253,
417Florida Statutes (1989); (2) Chapter 8537, Laws of Florida, 1921; (3) Chapters
42918-21, 22I-6 and 28-5, Florida Administrative Code; and (4) Black's Law
440Dictionary, Fifth Edition, definition of "permanent" was granted. However, only
450copies of 2 and 4 were attached to the motion. Copies of 1 and 3 were not
467attached due to their volume and their official publication. Additionally, a
478copy of Webster's Third New International Dictionary definition of "permanent"
488was officially recognized.
491A transcript of the proceeding was filed on December 2, 1991 for that
504portion of the hearing held on November 14, 1991 and on December 17, 1991 for
519that portion of the hearing held on November 21, 1991. The time for filing
533proposed findings of fact and conclusions of law by the parties was extended
546until January 2, 1992. The parties timely filed their proposed findings of fact
559and conclusions of law under the extended time frame. A ruling on each proposed
573finding of fact has been made as reflected in an Appendix to the Recommended
587Order.
588FINDINGS OF FACT
591Upon consideration of the oral argument and documentary evidence adduced at
602the hearing, the following relevant findings of fact are made:
6121. On November 29, 1990, CSXR filed an application with the Respondent for
625a disclaimer to 1.39 acres more or less of submerged lands beneath and
638immediately adjacent to a phosphate loading pier ("pier") located in Charlotte
651Harbor on the eastern side (bay side) near the southern end of Gasparilla Island
665in Lee County, Florida.
6692. Charlotte Harbor is a natural, navigable harbor off the Gulf of Mexico
682which receives water flow from the Gulf of Mexico and the Peace River.
6953. The Department is an agency of the state of Florida charged with
708implementation of Chapter 253, Florida Statutes, relating to sovereign submerged
718lands. The Department serves as staff to the Board pursuant to Section 253.002,
731Florida Statutes. The Department has the authority to process applications for
742disclaimers to state lands under the provision of Section 253.129, Florida
753Statutes.
7544. On December 31, 1990, the Department notified CSXR that its application
766for disclaimer was denied. The basis for the denial was that the pier was
780constructed on pilings and was not solid fill as provided for in Rule 18-21.013,
794Florida Administrative Code. In addition, the legal description of the subject
805submerged lands included open submerged lands lying adjacent to the pier. CSXR
817agreed to amend its application to reflect that it is seeking a disclaimer only
831for those submerged lands immediately beneath the pier.
8395. The Department reconsidered the application, and it is now the position
851of the Department that Rule 18-21.014, Florida Administrative Code, no longer
862applies in this case. However, the Department in reconsidering the application
873revised its position to deny the application for lack of compliance with the
886Butler Act in that: (a) it was the Department's opinion that the pier was not a
902permanent improvement within the intent of the Butler Act; and (b) neither CSXR
915nor CSXT had shown compliance by its predecessors in title with the Butler Act
929sufficient to vest title to the submerged lands beneath the pier pursuant to
942Section 253.129, Florida Statutes, and the Butler Act.
9506. The Department's position is that in order to be "permanent" for
962purposes of the Butler Act, a structure must be able to exist for an extended
977period of time without maintenance. Generally, there are no circumstances under
988which a wooden structure would be considered "permanent" for purposes of the
1000Butler Act by the Department.
10057. The only material available to construct a structure such as the pier
1018when it was constructed was wood, steel or concrete. Each of these materials
1031would have required maintenance in order for the pier to have lasted
1043approximately 80 years. In fact, considering the durability of the materials
1054available at the time of construction, the most durable material would not have
1067lasted more than 15 years without maintenance.
10748. In 1907 or 1908, the Alafia, Manatee and Gulf Coast Railway Company
1087began constructing the pier for the purpose of loading phosphate ore from
1099railroad cars onto ships. The pier and loading system was put into operation in
11131911.
11149. The pier was built continuously from the line of mean high water in the
1129direction of the channel in Charlotte Harbor and was built so as not to obstruct
1144the channel.
114610. The pier is a structure along the shore of a navigable waterbody
1159alongside which vessels were brought to be loaded with phosphate.
116911. The main pier is approximately 770 feet long by 25 feet wide with a T-
1185head approximately 325 feet long by 95 feet wide at the north and south ends but
1201only 45 feet wide at the middle two-thirds.
120912. Constructed on the pier was a superstructure consisting of a conveyor
1221system and a loader. The conveyor system moved the phosphate ore from the
1234railroad cars to the loader located on the T-head. The loader could move along
1248rails from one end of the T-head to the other. The loader dropped the phosphate
1263ore into the hold of the waiting ship. The loader weighed approximately 250
1276tons.
127713. The pier was constructed on wood pilings as large as 2 feet in
1291diameter. Wooden caps (beams) 12 inches by 12 inches or 14 inches were placed
1305across the top of the pilings. The caps were fixed together with wood stringers
1319up to 7 inches by 14 inches in cross-section. The caps were fastened to the
1334pilings and the stringers fastened to the caps with metal bolts. The deck of
1348the pier was constructed on top of the stringers.
135714. After the railroad cars were unloaded, they would travel out onto the
1370main pier for a distance of approximately 350 to 400 feet. This part of the
1385pier is known as the trestle and was built to support the weight of the train
1401with railroad cars even when loaded.
140715. When the pier was in operation, from 100 to 240 ships were loaded
1421every year at this facility. This amounted to 500 thousand to 2.5 million tons
1435of phosphate ore per year.
144016. Except for a few years during World War II, the pier was used
1454continuously from 1911 to 1979 for the purpose of loading phosphate ore onto
1467ships.
146817. In 1979, the pier ceased being used to load phosphate. This was
1481because more up-to-date loading facilities had been constructed in Tampa,
1491Florida, and the tracks and trestles between Arcadia and Gasparilla Island were
1503in need of extensive repairs. Therefore, the phosphate that was previously
1514shipped by rail to the pier on Gasparilla Island was shipped to Tampa.
152718. Hurricanes struck this area in 1944 and 1960. In each instance, while
1540the hurricanes damaged the superstructure of the conveyor system, there was only
1552minor superficial damage to the pier itself.
155919. The pier was maintained regularly from 1911 to 1979. The timber
1571pilings were replaced every four to eight years because of damage caused by
1584marine borers that ate the wood. However, in 1954, concrete was placed around
1597the pilings by a process known as jet- creting. Since that time, no pilings have
1612been replaced. The pile caps were replaced infrequently, and the deck of the
1625pier still has some timbers that were placed there in the early 1940s.
163820. Except for routine maintenance and replacement of damaged pilings and
1649timbers, there have been no changes to the pier structure from 1946 to date.
1663The superstructure was raised approximately 8 feet in 1948 and was dismantled
1675and removed in 1988.
167921. While the pier as it currently exists is in need of repair and
1693maintenance, it is an extremely sturdy pier which has been in existence for 80
1707years. It was constructed of materials and spacings that greatly exceed what
1719one normally sees for a pier that is used for water-related projects.
173122. Considering the purpose, design and construction of the pier, there is
1743no dispute that the pier was originally constructed as a permanent structure.
175523. There is sufficient competent substantial evidence to establish facts
1765to show that the pier is a permanent structure which "permanently improved" the
1778submerged lands directly beneath the pier as contemplated by the Butler Act.
179024. CSXR is the record title holder of certain upland littoral (riparian)
1802property in Boca Grande, Gasparilla Island, Lee County, Florida that is
1813contiguous to the submerged lands upon which the pier is located.
182425. Prior to 1934, the United States of America (United States) owned
1836title to the subject property as a military reservation. In 1906, the United
1849States conveyed a right-of-way to the Alafia, Manatee and Gulf Coast Railway
1861Company ( Alafia) for construction of the pier and terminal facilities.
187226. In 1934, the United States conveyed fee simple title to the subject
1885property to Boca Grande Inn, Inc., subject to such rights granted to Alafia for
1899right of way and terminal purposes. Boca Grande Inn, Inc. then conveyed fee
1912simple title to Charlotte Harbor and Northern Railway Company by deed dated
1924January 6, 1937. Prior to this conveyance, Charlotte Harbor and Northern
1935Railway Company had become the successor corporation to Alafia, as a result of a
1949name change, and as a result of this conveyance, title to the right-of-way was
1963merged with fee simple title to the riparian upland tract.
197327. In 1946, the Charlotte Harbor and Northern Railway Company deeded the
1985property to the Seaboard Airline Railroad Company by deed dated December 30,
19971946. Through a series of name changes, the Seaboard Airline Railroad Company
2009became CSX Transportation, Inc. on July 1, 1986.
201728. On January 27, 1988, CSXT conveyed the subject riparian property,
2028subject to certain reservations, by a special warranty deed to CSXR.
203929. Title to the pier structure itself is currently held by CSXT by virtue
2053of a reservation contained in the 1988 deed from CSXT to CSXR. That reservation
2067also reserved to CSXT those riparian rights and interests necessary to allow
2079CSXT to use, maintain and operate the pier. A further reservation reserved to
2092CSXT a perpetual nonexclusive easement for ingress to and egress from the pier
2105to the extent necessary for the use, maintenance and operation of the pier.
2118CSXT did not reserve title to the submerged lands.
212730. There has been no severance or alienation of the riparian rights to
2140the submerged lands in the chain of title to the subject upland property.
215331. Notwithstanding, that Alafia was not the riparian upland owner at the
2165time Alafia permanently improved the subject submerged lands by constructing the
2176pier, title to the subject submerged lands vested in the riparian upland owner
2189(United States) by virtue of the Butler Act due to the subject submerged lands
2203being permanently improved by Alafia.
220832. There is sufficient competent substantial evidence to establish facts
2218to show that CSXR is currently the riparian upland owner, and therefore, holds
2231title to the subject submerged lands.
2237CONCLUSIONS OF LAW
224033. The Division of Administrative Hearings has jurisdiction over the
2250parties and the subject matter of this proceeding pursuant to Section 120.57(1),
2262Florida Statutes.
226434. The Board has authority and is directed to issue eligible riparian
2276upland owners disclaimer to submerged land pursuant to Section 253.129, Florida
2287Statutes, and the Butler Act (Chapter 8537, Laws of Florida 1921). This
2299proceeding resulted from a decision by the Department, acting as staff to the
2312Board, to deny the disclaimer requested by CSXR.
232035. The burden of proof is on the party asserting the affirmative of an
2334issue before an administrative tribunal. Department of Transportation v. J.W.C.
2344Company, Inc., 396 So.2d 778 (1 DCA Fla. 1981). In the instant case, the burden
2359to prove that it is entitled to a disclaimer to the submerged land in question
2374pursuant to the Butler Act and Section 253.129, Florida Statutes is on CSXR.
2387Brickell vammel, 77 Fla. 544, 82 So.2d 221 (Fla. 1919); Williams v. Guthrie,
2400102 Fla. 1047, 137 So. 682 (Fla. 1931). CSXR has sustained its burden in this
2415regard.
241636. The Butler Act, formerly Section 271.01, Florida Statutes, provided as
2427follows:
2428Sec. 1. Whereas, it is for the benefit of the
2438State of Florida that water front property
2445be improved and developed; and (emphasis
2451added)
2452Whereas, the State being the proprietor of
2459all submerged lands and water privileges
2465within its boundaries, which prevents the
2471riparian owners from improving their water
2477lots, therefore
2479The State of Florida, for the consideration
2486above mentioned, subject to any inalienable
2492trust under which the state holds said lands,
2500divests itself of all right, title and
2507interest to all lands covered by water lying
2515in front of any tract of land owned by the
2525United State or by any person . . . lying
2535upon any navigable stream or bay of the sea
2544or harbor, as far as to the edge of the
2554channel, and hereby vests the full title to
2562the same, subject to said trust in and to the
2572riparian proprietors, giving them the full
2578right and privilege to build wharves into
2585streams or waters of the bay or harbor as far
2595as may be necessary to effect the purposes
2603described, and to fill up from the shore,
2611bank or beach as far as may be desired, not
2621obstructing the channel, but leaving full
2627space for the requirements of commerce, and
2634upon lands so filled in to erect warehouses,
2642dwellings or other buildings . . . . also,
2651confirming to the riparian proprietors all
2657improvements which may have heretofore been
2663made upon submerged lands. (emphasis added)
2669Provided, that the grant herein made shall
2676apply to and affect only those submerged lands
2684which have been, or may be hereafter, actually
2692bulkheaded or filled in or permanently
2698improved continuously from high water mark in
2705the direction of the channel, or as near in
2714the direction of the channel as practicable
2721to equitably distribute the submerged lands,
2727and shall in no wise affect such submerged
2735lands until actually filled in or permanently
2742improved. (emphasis added)
2745* * *
2748Sec. 3. This Act shall take effect as of the
2758day, to-wit: December 27, 1856, when the act
2766entitled "An Act to Benefit Commerce," was
2773adopted by the Legislature of Florida, and
2780shall be continuously effective thence forward
2786and hereafter; and hereby vests in the
2793riparian proprietors and their grantees and
2799successors, in right, the title, right and
2806interest given under the provisions of this
2813act.
281437. The plain language of the Butler Act provides for acquisition of title
2827to submerged lands by bulkheading or filling in or permanently improving the
2839submerged lands. Jacksonville Shipyards, Inc. v. Department of Natural
2848Resources, 466 So.2d 389 (1 DCA Fla. 1985) and the cases cited therein. Upon
2862the completion of the bulkheading or filling in or permanently improving the
2874submerged lands within the limitations of the Butler Act before May 29, 1951
2887title to the submerged lands became absolute and equal to that of the upland,
2901and not subject to reversion back to the state by reason of any change of events
2917or circumstances occurring after that date. Holland v. Fort Pierce Financing &
2929Construction Co., 157 Fla. 649, 27 So.2d 76 (Fla. 1946); Duval Engineering and
2942Contracting Company v. Sales, 77 So.2d 431 (Fla. 1955); see also Alexander Brest
2955Trust v. Department of Natural Resources and Commodores Point Terminal
2965Corporation v. Department of Natural Resources, Division of Administrative
2974Hearings Case Nos. 88-0378 and 88-0522 (Recommended Order dated January 9,
29851989).
298638. There is sufficient competent substantial evidence in the record to
2997establish facts to show that the improvement in question (pier) was intended to
3010be a permanent structure when constructed sometime around 1908-1910, and that
3021the construction of that structure permanently improved the submerged lands in
3032question as contemplated by the Butler Act. This is so notwithstanding the
3044Department's position that because a wooden structure requires regular
3053maintenance in order to survive the elements for any extended period of time it
3067cannot be permanent, and therefore, could not permanently improve the submerged
3078lands as contemplated by the Butler Act.
308539. "Permanently improved" is not defined by the Butler Act, or Chapter
3097253, Florida Statutes, or by Department or Board rule. And while an agency's
3110interpretation of a statute is entitled to great deference and will not be
3123overturned unless clearly erroneous or is not supported by competent substantial
3134evidence, unreasonable or ridiculous interpretations distort fundamental
3141principles of statutory construction and mandate the use of reasonable
3151interpretations. Drost v. Department of Environmental Regulation, 559 So.2d
31601154 (3 DCA Fla. 1990) and the cases cited therein.
317040. It is clear that the Butler Act had no other purpose than to stimulate
3185and encourage the improvement of submerged lands and to improve the foreshore in
3198the interest of commerce and navigation, Duval Engineering, 77 So.2d 431, 433
3210(Fla. 1955), and with that purpose in mind it does not appear that it was the
3226intent of the legislature to place such a narrow interpretation of the term
"3239permanently improved" as the Department has in this case. Additionally, the
3250Department's interpretation is unreasonable when you consider the definition of
"3260permanent" as defined in Black Law Dictionary, Sixth Edition (1990) and case
3272law cited in CSXR's Proposed Recommended Order relating to the term "permanent"
3284and "permanently improved".
328841. It is concluded that the pier constructed by Alafia under the rights
3301granted to it by the United States, the then upland riparian owner, around 1908-
33151910 was constructed as a permanent structure, and its construction permanently
3326improved the submerged lands in question as contemplated by the Butler Act. It
3339is further concluded that all the conditions and limitations imposed under the
3351Butler Act having been complied with prior to May 29, 1951 title to the
3365submerged lands in question vested in the United States, and eventually vested
3377in CSXR through the conveyance set out in the above Findings of Fact.
3390RECOMMENDATION
3391Having considered the foregoing Findings of Fact and Conclusions of Law, it
3403is, therefore,
3405RECOMMENDED that a Final Order be entered by the Board granting the
3417disclaimer sought by CSXR.
3421DONE and ENTERED this __27th__ day of January, 1992, in Tallahassee,
3432Florida.
3433_________________________________
3434WILLIAM R. CAVE
3437Hearing Officer
3439Division of Administrative Hearings
3443The DeSoto Building
34461230 Apalachee Parkway
3449Tallahassee, FL 32399-1550
3452(904) 488-9675
3454Filed with the Clerk of the
3460Division of Administrative Hearings
3464this __27th__ day of January, 1992.
3470APPENDIX TO RECOMMENDED ORDER
3474The following constitutes my specific rulings pursuant to Section 120-
348459(2), Florida Statutes, on all of the Proposed Findings of Fact submitted by
3497the parties in the case.
3502Rulings on Proposed Finding of Fact
3508Submitted by the Petitioner
35121. Each of the following proposed findings of fact are adopted in
3524substance as modified in the Recommended Order. The number in parentheses is
3536the Finding(s) of Fact which adopts the proposed finding(s) of fact: 1(1);
35482(2); 3(8); 4(9); 5(10); 6(1, 11); 7(12); 8(13); 9(14); 10(15); 11(16); 12(17);
356013(18); 14(19); 15(20); 16(21); 17(22); 18(4); 19(5); 20(6); 21-22(7); 23(23);
357024(24); 25(25); 26(26); 27(27); 28(28); 29(29); 30(30); and 31(31).
3579Rulings on Proposed Findings of Fact
3585Submitted by the Respondent
35891. Each of the following proposed findings of fact are adopted in
3601substance as modified in the Recommended Order. The number in parentheses is
3613the Finding(s) of Fact which adopts the proposed finding(s) of fact: 1(24);
36252(3); 3(29); 5(1); 6-7(4); 8-9(5); 12(13); 13-14, 16(8); 17-21(25); 22(26);
363523(25); 25(19, 20); 26-30(19); 31(21); 32-33(17, 20, 21);
36432. Proposed finding of fact 4 is covered in the preliminary statement.
36553. Proposed findings of fact 10 and 36 are neither material or relevant to
3669this proceeding.
36714. Proposed findings of fact 11, 15, 24, 34 and 35 are rejected as not
3686being supported by competent substantial evidence in the record.
36955. Proposed finding of fact 37 is covered in the Conclusions of Law.
3708Rulings on Proposed Finding of Fact
3714Submitted by the Intervenor
3718The Intervenor did not submit any proposed findings of fact.
3728COPIES FURNISHED:
3730Richard A. Lotspeich
3733Landers & Parsons
3736310 West College Avenue
3740P.O. Box 271
3743Tallahassee, FL 32302
3746Suzanne B. Doub Brantley
3750Nona Schaffner
3752Department of Natural Resources
3756Office of General Counsel
3760Room 922, Douglas Building
37643900 Commonwealth Boulevard
3767Tallahassee, FL 32399
3770Ken Plante, General Counsel
3774Department of Natural Resources
37783900 Commonwealth Boulevard
3781Mail Station #10
3784Tallahassee, FL 32399-3000
3787NOTICE OF RIGHT TO SUBMIT EXCEPTIONS
3793ALL PARTIES HAVE THE RIGHT TO SUBMIT WRITTEN EXCEPTIONS TO THIS RECOMMENDED
3805ORDER. ALL AGENCIES ALLOW EACH PARTY AT LEAST 10 DAYS IN WHICH TO SUBMIT
3819WRITTEN EXCEPTIONS. SOME AGENCIES ALLOW A LARGER PERIOD WITHIN WHICH TO SUBMIT
3831WRITTEN EXCEPTIONS. YOU SHOULD CONTACT THE AGENCY THAT WILL ISSUE THE FINAL
3843ORDER IN THIS CASE CONCERNING AGENCY RULES ON THE DEADLINE FOR FILING EXCEPTIONS
3856TO THIS RECOMMENDED ORDER. ANY EXCEPTIONS TO THIS RECOMMENDED ORDER SHOULD BE
3868FILED WITH THE AGENCY THAT WILL ISSUE THE FINAL ORDER IN THIS CASE.
- Date
- Proceedings
- Date: 05/07/1993
- Proceedings: Order Closing File filed.
- Date: 01/25/1993
- Proceedings: Letter to WRC from Susanne B. Brantley (re: Settlement Agreement) filed.
- Date: 01/07/1993
- Proceedings: Letter to S. Brantley from W. Cave (RE: Letter responding to letter of 1-5-93 requesting DOAH to enter an order of dismissal) sent out.
- Date: 01/07/1993
- Proceedings: Letter to S. Brantley from WRC (re: response to 1/5/93 letter) sent out.
- Date: 01/06/1993
- Proceedings: CC Settlement Agreement w/supporting attachments & cover Letter filed.
- Date: 04/14/1992
- Proceedings: Fourth Joint Stipulation to Extend Time to File Exceptions filed.
- Date: 02/20/1992
- Proceedings: Joint Stipulation to Extend Time to File Exceptions filed.
- PDF:
- Date: 01/27/1992
- Proceedings: Recommended Order sent out. CASE CLOSED. Hearing held 11/04/91 & 11/21/91.
- Date: 01/16/1992
- Proceedings: Order Granting Motion to Intervene sent out. (for CSX Transportation,Inc).
- Date: 01/02/1992
- Proceedings: Respondent's Proposed Findings of Fact, Conclusions of Law and Recommended Order filed.
- Date: 01/02/1992
- Proceedings: Proposed Recommended Order of CSX Realty, Inc. and CSX Transportation, Inc. filed.
- Date: 12/17/1991
- Proceedings: Transcript (Evidentiary Hearing) filed.
- Date: 12/02/1991
- Proceedings: Transcript filed.
- Date: 11/14/1991
- Proceedings: CASE STATUS: Hearing Held.
- Date: 11/14/1991
- Proceedings: (Respondent) Motion For Official Recognition filed.
- Date: 11/08/1991
- Proceedings: (joint) Prehearing Stipulation filed.
- Date: 11/05/1991
- Proceedings: (CSXT) Petition For Leave to Intervene W/Exhibit-A filed.
- Date: 09/04/1991
- Proceedings: Notice of Hearing sent out. (hearing set for Nov. 14-15, 1991; 9:00am; Venice).
- Date: 08/27/1991
- Proceedings: Order Granting Continuance sent out. (Hearing cancelled).
- Date: 08/26/1991
- Proceedings: Stipulated Motion for Continuance filed. (From Richard Lotspeich & Suzanne B. Brantley)
- Date: 08/21/1991
- Proceedings: Order sent out. (RE: Gasparilla Island Conservation and Improvement Association, Inc`s Motion for Leave to Intervene, denied).
- Date: 08/12/1991
- Proceedings: (Petitioner) Notice of Supplemental Authority filed. (From Richard A.Lotspeich)
- Date: 08/08/1991
- Proceedings: (DNR) Notice of Taking Deposition Duces Tecum (4) filed. (From Suzanne B. Doub Brantley)
- Date: 08/08/1991
- Proceedings: (Petitioner) Reply to Gasparilla Island Conservation and Improvement Association, Inc`s Response to CSX Realty, Inc`s Motion to Dismiss filed. (From Richard A. Lotspeich)
- Date: 07/30/1991
- Proceedings: Gasparilla Island Conservation and Improvement Association, Inc`s Response to CSX Realty, Inc`s Motion to Dismiss filed. (From Thomas W. Reese)
- Date: 07/15/1991
- Proceedings: (petitioner) Motion to Dismiss filed.
- Date: 07/12/1991
- Proceedings: Prehearing Order sent out.
- Date: 07/12/1991
- Proceedings: Notice of Hearing sent out. (hearing set for Sept. 5, 1991; 10:00am;Venice).
- Date: 07/10/1991
- Proceedings: (GICIA) Motion For Leave to Intervene As A Respondent-In-Intervention filed. (from Thomas W. Renee)
- Date: 06/28/1991
- Proceedings: (Respondent) Motion to Continue filed.
- Date: 06/12/1991
- Proceedings: CSX Realty, Inc`s First Interrogatories to Respondent; Respondents` Response to Interrogatories filed.
- Date: 06/10/1991
- Proceedings: Notice of Service of Interrogatories; Respondent`s First Request for Admissions to Petitioner; Respondent`s First Request for Production of Documents; Respondents` Response to Request for Admissions filed. (From Suzanne B. Doub Bra ntley)
- Date: 05/20/1991
- Proceedings: Notice of Hearing sent out. (hearing set for July 24, 1991; 10:00am;Venice).
- Date: 05/17/1991
- Proceedings: (Petitioner) Motion for Continuance filed.
- Date: 05/13/1991
- Proceedings: CSX Realty, Inc`s Notice of Service of First Interrogatories to Respondent filed. (From Richard A. Lotspeich)
- Date: 05/13/1991
- Proceedings: Request for Admissions filed. (From Richard A. Lotspeich)
- Date: 05/08/1991
- Proceedings: Re-Notice of Taking Deposition Duces Tecum filed. (From Richard A. Lotspeich)
- Date: 05/07/1991
- Proceedings: Notice of Taking Deposition Duces Tecum filed. (from Richard A. Lotspeich)
- Date: 04/11/1991
- Proceedings: Second Notice of Hearing sent out. (hearing set for 6/5/91; 1:00pm; Venice)
- Date: 04/10/1991
- Proceedings: (Respondent) Motion to Continue filed. (from Suzanne B. Doub)
- Date: 03/15/1991
- Proceedings: Notice of Hearing sent out. (hearing set for 4/30/91; at 10:00am; in Venice)
- Date: 03/13/1991
- Proceedings: (Petitioner) Response to Initial Order filed.
- Date: 03/06/1991
- Proceedings: Initial Order issued.
- Date: 03/04/1991
- Proceedings: Agency referral letter; Petition for Formal Administrative Hearing w/exhibit-A filed.
Case Information
- Judge:
- WILLIAM R. CAVE
- Date Filed:
- 03/04/1991
- Date Assignment:
- 08/28/1991
- Last Docket Entry:
- 05/07/1993
- Location:
- Venice, Florida
- District:
- Middle
- Agency:
- Department of Environmental Protection