18-003597GM Heinrich Bracker vs. Cemex Construction Materials Florida, Llc; And Hernando County, Florida
 Status: Closed
Recommended Order on Wednesday, May 1, 2019.


View Dockets  
Summary: Petitioner did not prove beyond fair debate that the County's comprehensive plan amendment was not "in compliance."
  • Document: Recommended Order
  • Issued: 05/01/2019
  • Summary: Petitioner did not prove beyond fair debate that the County's comprehensive plan amendment was not "in compliance."
Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 05/24/2019
Proceedings: Agency Final Order filed.
PDF:
Date: 05/23/2019
Proceedings: Agency Final Order
PDF:
Date: 05/02/2019
Proceedings: Transmittal letter from Claudia Llado forwarding a USB drive containing Exhibits B-G referenced in the Petition to Petitioner.
PDF:
Date: 05/01/2019
Proceedings: Recommended Order
PDF:
Date: 05/01/2019
Proceedings: Recommended Order cover letter identifying the hearing record referred to the Agency.
PDF:
Date: 05/01/2019
Proceedings: Recommended Order (hearing held October 30-November 1, 2018). CASE CLOSED.
PDF:
Date: 03/11/2019
Proceedings: Petitioner Heinrich Bracker's Proposed Recommended Order filed.
PDF:
Date: 03/11/2019
Proceedings: Respondents' Joint Proposed Recommended Order filed.
PDF:
Date: 03/11/2019
Proceedings: Respondents' Notice of Filing Joint Proposed Recommended Order filed.
PDF:
Date: 03/04/2019
Proceedings: Order Granting Extension of Time.
PDF:
Date: 03/01/2019
Proceedings: Joint Motion for Brief Extension of Time to File Proposed Recommended Orders filed.
PDF:
Date: 03/01/2019
Proceedings: Order Granting Motion to Increase the Page Limit.
PDF:
Date: 02/28/2019
Proceedings: Respondents' Unopposed Joint Motion to Increase the Page Limit for Their Joint Proposed Recommended Order filed.
PDF:
Date: 01/31/2019
Proceedings: Order Granting Extension of Time.
PDF:
Date: 01/30/2019
Proceedings: Petitioner's Motion for Extension of Time to Submit Proposed Recommended Orders filed.
PDF:
Date: 01/29/2019
Proceedings: Notice of Filing Transcript.
Date: 11/07/2018
Proceedings: Respondent's Proposed Exhibits filed (exhibits not available for viewing).
Date: 10/30/2018
Proceedings: CASE STATUS: Hearing Held.
PDF:
Date: 10/29/2018
Proceedings: Petitioner Heinrich Bracker's Response in Opposition to Hernando County's Motion to Strike and Alternative Motion in Limine filed.
PDF:
Date: 10/29/2018
Proceedings: Cemex Construction Materials, LLC's Motion in Limine to Exclude New Objectives and Policies Not Previously Alleged in Petition for Administrative Hearing filed.
PDF:
Date: 10/26/2018
Proceedings: Joint Pre-hearing Stipulation filed.
PDF:
Date: 10/24/2018
Proceedings: Order Granting Extension of Time.
PDF:
Date: 10/24/2018
Proceedings: Supplemental Order on Cemex's Motion to Strike.
PDF:
Date: 10/23/2018
Proceedings: Cemex Construction Materials, LLC's Supplement to the Existing Motion in Limine to Exclude Testimony and Exhibits Related to Alleged Prior Blasting Violations and Future Blasting Activities filed.
PDF:
Date: 10/22/2018
Proceedings: Hernando County's Motion to Strike, or in the alternative, Motion in Limine with Incorporated Memorandum of Law in Opposition filed.
PDF:
Date: 10/22/2018
Proceedings: Joint Motion for Extension of Time to File Joint Pre-hearing Stipulation filed.
PDF:
Date: 10/19/2018
Proceedings: Petitioner Heinrich Bracker's Notice of Filing Documents Supplementing Response in Opposition of Cemex Construction Materials, LLC's Motion to Strike and , in the Alternative, Motion in Limine filed.
PDF:
Date: 10/16/2018
Proceedings: Order on Outstanding Motions.
PDF:
Date: 10/15/2018
Proceedings: Notice of Continuation of Taking Deposition Duces Tecum filed.
PDF:
Date: 10/15/2018
Proceedings: Amended Notice of Taking Deposition Duces Tecum filed.
PDF:
Date: 10/15/2018
Proceedings: Notice of Cancellation of Deposition (of Dr. Sean McGlynn) filed.
PDF:
Date: 10/15/2018
Proceedings: Cemex Construction Materials, LLC's Notice of Filing Documents in Support of Motion to Strike and, in the alternative, Motion in Limine filed.
Date: 10/09/2018
Proceedings: CASE STATUS: Motion Hearing Held.
PDF:
Date: 10/08/2018
Proceedings: Notice of Taking Deposition Duces Tecum (Dennis Clark) filed.
PDF:
Date: 10/05/2018
Proceedings: Respondents' Corrected Memorandum of Law in Opposition to Petitioner's Motion for Leave to File Amended Petition for Formal Administrative Hearing filed.
PDF:
Date: 10/04/2018
Proceedings: Second Amended Notice of Telephonic Motion Hearing (motion hearing set for October 9, 2018; 9:00 a.m.; amended as to Motions to be heard).
PDF:
Date: 10/03/2018
Proceedings: Amended Notice of Telephonic Motion Hearing (motion hearing set for October 9, 2018; 9:00 a.m.; amended as to Time).
PDF:
Date: 10/03/2018
Proceedings: Amended Notice of Hearing (hearing set for October 30 through November 2, 2018; 9:00 a.m.; Brooksville, FL; amended as to Venue).
PDF:
Date: 10/03/2018
Proceedings: Notice of Telephonic Motion Hearing (motion hearing set for October 9, 2018; 10:00 a.m.).
PDF:
Date: 10/01/2018
Proceedings: Respondents' Memorandum of Law in Opposition to Petitioner's Motion for Leave to File Amended Petition for Formal Administrative Hearing filed.
PDF:
Date: 09/27/2018
Proceedings: Notice of Continuation of Taking Deposition Duces Tecum (of Sean McGlynn) filed.
PDF:
Date: 09/26/2018
Proceedings: Notice of Transfer.
PDF:
Date: 09/19/2018
Proceedings: Petitioner Heinrich Bracker's Response in Opposition to Cemex Construction Materials, LLC's Motion in Limine to Exclude Diane Oriza's Testimony and Exhibits filed.
PDF:
Date: 09/19/2018
Proceedings: Order Granting Extension of Time.
PDF:
Date: 09/19/2018
Proceedings: Order Rescheduling Hearing (hearing set for October 30 through November 2, 2018; 9:00 a.m.; Brooksville, FL).
PDF:
Date: 09/19/2018
Proceedings: Cemex Unopposed Motion for Extension of Time to File Response to Bracker's Motion for Leave to File Amended Petition filed.
PDF:
Date: 09/17/2018
Proceedings: Notice of Availability of Parties for Final Hearing filed.
PDF:
Date: 09/14/2018
Proceedings: Notice of Continuation of Taking Deposition Duces Tecum (McGlynn) filed.
PDF:
Date: 09/14/2018
Proceedings: Order Granting Continuance (parties to advise status by September 17, 2018).
Date: 09/13/2018
Proceedings: CASE STATUS: Motion Hearing Held.
PDF:
Date: 09/13/2018
Proceedings: Respondents' Joint Motion for Continuance filed.
PDF:
Date: 09/13/2018
Proceedings: Joint Motion for Continuance filed.
PDF:
Date: 09/12/2018
Proceedings: Petitioner Heinrich Bracker's Response in Opposition to CEMEX Construction Materials, LLC's Motion to Strike and Alternative Motion in Limine filed.
PDF:
Date: 09/12/2018
Proceedings: Bracker's Motion for Leave to File Amended Petition for Formal Administrative Hearing filed.
PDF:
Date: 09/12/2018
Proceedings: Cemex Construction Materials, LLC's Motion in Limine to Exclude Diane Oriza's Testimony and Exhibits filed.
PDF:
Date: 09/11/2018
Proceedings: Order Granting Extension of Time.
PDF:
Date: 09/10/2018
Proceedings: Joint Motion for Extension of Time to File Joint Pre-hearing Stipulation filed.
PDF:
Date: 09/07/2018
Proceedings: Re-notice of Taking Depositions Duces Tecum [Pianta] filed.
PDF:
Date: 09/07/2018
Proceedings: Re-notice of Taking Deposition Duces Tecum [Gauthier] filed.
PDF:
Date: 09/07/2018
Proceedings: CEMEX Construction Materials, LLC's Motion to Strike and, in the alternative, Motion in Limine filed.
PDF:
Date: 09/07/2018
Proceedings: Notice of Taking Depositions Duces Tecum filed.
PDF:
Date: 09/06/2018
Proceedings: Notice of Taking Deposition Duces Tecum (Sean McGlynn) filed.
PDF:
Date: 09/06/2018
Proceedings: Notice of Taking Deposition Duces Tecum (Dr. Thomas St. Clair) filed.
PDF:
Date: 09/06/2018
Proceedings: Notice of Taking Deposition Duces Tecum (Heinrich Bracker) filed.
PDF:
Date: 09/06/2018
Proceedings: Notice of Taking Deposition Duces Tecum (Alice Walker) filed.
PDF:
Date: 09/06/2018
Proceedings: Notice of Taking Deposition Duces Tecum (Jim Studiale) filed.
PDF:
Date: 09/05/2018
Proceedings: Respondent, CEMEX Construction Materials Florida, LLC's Objections and Responses to Petitioner Heinrich Bracker's First Request for Admissions filed.
PDF:
Date: 09/04/2018
Proceedings: Notice of Taking Depositions Duces Tecum (to Diane Oriza) filed.
PDF:
Date: 08/31/2018
Proceedings: Hernando County's Response to Petitioner's First Request for Production filed.
PDF:
Date: 08/31/2018
Proceedings: Hernando County's Response to Petitioner's First Request for Admissions filed.
PDF:
Date: 08/31/2018
Proceedings: Notice of Taking Depositions Duces Tecum (Gauthier) filed.
PDF:
Date: 08/31/2018
Proceedings: Respondent, CEMEX Construction Materials Florida, LLC's Notice of Serving Unsigned Responses to Petitioner Heinrich Bracker's First Set of Interrogatories filed.
PDF:
Date: 08/30/2018
Proceedings: Respondent, CEMEX Construction Materials Florida LLC's Responses to Petitioner's First Request for Production filed.
PDF:
Date: 08/30/2018
Proceedings: Hernando County's Notice of Serving Answers to Petitioner's First Set of Interrogatories filed.
PDF:
Date: 08/27/2018
Proceedings: Notice of Taking Depositions Duces Tecum filed.
PDF:
Date: 08/24/2018
Proceedings: Petitioner Heinrich Bracker's Notice of Filing Verified Answers to Respondent Cemex Construction Materials Florida, LLC's First Set of Interrogatories filed.
PDF:
Date: 08/21/2018
Proceedings: Petitioner Heinrich Bracker's Response to Respondent Cemex Construction Materials Florida, LLC's First Request for Production to Petitioner filed.
PDF:
Date: 08/08/2018
Proceedings: Notice of Unavailability filed.
PDF:
Date: 08/01/2018
Proceedings: Petitioner Heinrich Bracker's First Request for Admissions to Respondent Cemex Construction Materials Florida, LLC filed.
PDF:
Date: 08/01/2018
Proceedings: Petitioner Heinrich Bracker's First Request for Admissions to Respondent Hernando County, Florida filed.
PDF:
Date: 07/31/2018
Proceedings: Notice of Appearance (Joseph DiNovo) filed.
PDF:
Date: 07/31/2018
Proceedings: Notice of Appearance (Roger Sims) filed.
PDF:
Date: 07/25/2018
Proceedings: Notice of Appearance (Martin Alexander) filed.
PDF:
Date: 07/25/2018
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 07/25/2018
Proceedings: Notice of Hearing (hearing set for September 18 through 21, 2018; 9:00 a.m.; Brooksville, FL).
PDF:
Date: 07/25/2018
Proceedings: Petitioner, Heinrich Bracker's Notice of Serving First Set of Interrogatories to Respondent, Cemex Construction Materials Florida, LLC filed.
PDF:
Date: 07/25/2018
Proceedings: Petitioner, Heinrich Bracker's First Request for Production to Respondent, Cemex Construction Materials Florida, LLC filed.
PDF:
Date: 07/25/2018
Proceedings: Petitioner, Heinrich Bracker's First Set of Interrogatories to Respondent, Hernando County, Florida filed.
PDF:
Date: 07/25/2018
Proceedings: Petitioner, Heinrich Bracker's First Request for Production to Respondent, Hernando County, Florida filed.
PDF:
Date: 07/20/2018
Proceedings: Respondent Cemex's First Request for Production to Petitioner filed.
PDF:
Date: 07/20/2018
Proceedings: Respondent Cemex's Notice of Service of First Set of Interrogatories to Petitioner filed.
PDF:
Date: 07/20/2018
Proceedings: Joint Response to Initial Order filed.
PDF:
Date: 07/17/2018
Proceedings: Notice of Appearance (Jon Jouben) filed.
PDF:
Date: 07/17/2018
Proceedings: Order Granting Party Status and Amending Caption.
PDF:
Date: 07/16/2018
Proceedings: Cemex's Notice of Appearance as a Named Party filed.
PDF:
Date: 07/16/2018
Proceedings: Notice of Appearance (Lawrence Sellers) filed.
PDF:
Date: 07/13/2018
Proceedings: Petition for Formal Administrative Hearing filed.
PDF:
Date: 07/13/2018
Proceedings: Initial Order.
PDF:
Date: 07/12/2018
Proceedings: Petition for Formal Administrative Hearing filed.

Case Information

Judge:
SUZANNE VAN WYK
Date Filed:
07/12/2018
Date Assignment:
09/26/2018
Last Docket Entry:
05/24/2019
Location:
Brooksville, Florida
District:
Northern
Agency:
ADOPTED IN TOTO
Suffix:
GM
 

Counsels

Related Florida Statute(s) (9):