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Home » Cases Under Administrative Hearing » 20-002039

20-002039 Dalk Land, Lp. vs. Monroe County Planning Commission
 Status: Closed
DOAH Final Order on Friday, February 26, 2021.

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Summary: Decision to permit the construction of a nonconforming single-family residence in an area of special flood hazard, based on a determination that the permittee had acquired vested rights, was error; reversed.
  • Document: DOAH Final Order
  • Issued: 02/26/2021
  • Summary: Decision to permit the construction of a nonconforming single-family residence in an area of special flood hazard, based on a determination that the permittee had acquired vested rights, was error; reversed.
Dockets
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Date
Proceedings
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Date: 07/28/2021
Proceedings: Order Denying Petitioner's Motion for Attorneys' Fees and Costs.
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Date: 07/23/2021
Proceedings: Petitioner Dalk Land, LP's Reply to Monroe County's Response in Opposition to Motion for Attorneys' Fees and Costs filed.
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Date: 07/09/2021
Proceedings: Petitioner Dalk Land, LP's Motion for Status Conference on Motion for Attorneys' Fees and Costs (filed in Case No. 20-002039).
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Date: 07/09/2021
Proceedings: Petitioner Dalk Land, LP's Motion for Status Conference on Motion for Attorneys' Fees and Costs filed.
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Date: 03/17/2021
Proceedings: Monroe County Planning Commission's Response in Opposition to Petitioner Dalk Land, LP's Motion for Attorney's Fees and Costs filed.
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Date: 03/10/2021
Proceedings: Petitioner Dalk Land, LP's Motion for Attorneys' Fees and Costs filed.
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Date: 02/26/2021
Proceedings: DOAH Final Order
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Date: 02/26/2021
Proceedings: Final Order (hearing held November 2 through 6, 2020). CASE CLOSED.
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Date: 01/11/2021
Proceedings: Intervenors' Corrected Proposed Findings of Fact and Conclusions of Law filed.
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Date: 01/08/2021
Proceedings: Respondent Monroe County Planning Commission's Notice of Joinder of Proposed Final Order and Notice of Filing Supplemental Authorities filed.
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Date: 01/08/2021
Proceedings: Intervenors' Proposed Findings of Fact and Conclusions of Law filed.
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Date: 01/08/2021
Proceedings: Petitioner's Proposed Final Order filed.
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Date: 12/14/2020
Proceedings: Order on Page Limit and Filing Deadline for Proposed Final Orders.
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Date: 12/11/2020
Proceedings: Petitioner Dalkland, LP's Response in Opposition to Intervenors' Motion for Enlargement of Time for Submission of Proposed Orders filed.
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Date: 12/11/2020
Proceedings: Notice of Filing Transcript.
Date: 12/11/2020
Proceedings: Petitioner Dalk Land, LP's Notice of Filing Hearing Transcript filed (not available for viewing).  Confidential document; not available for viewing.
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Date: 12/07/2020
Proceedings: Intervenors' Motion for Enlargement of Time for Submission of Proposed Orders filed.
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Date: 11/25/2020
Proceedings: Intervenor's Response in Opposition of Petitioner, Dalk Land, LP's Motion for Enlargement of Page Limit for Proposed Orders filed.
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Date: 11/25/2020
Proceedings: Respondent Monroe County Planning Commission's Response in Opposition to Petitioner Dalk Land, LP's Motion for Enlargement of Page Limit for Proposed Orders filed.
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Date: 11/23/2020
Proceedings: Petitioner Dalk Land, LP's Motion for Enlargement of Page Limit for Proposed Orders filed.
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Date: 11/04/2020
Proceedings: Intervenors' Memorandum of Law filed.
Date: 11/02/2020
Proceedings: CASE STATUS: Hearing Held.
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Date: 11/02/2020
Proceedings: Intervenors' Notice of Filing Supplement of Proposed Exhibit No. 74 for Final Hearing on 11/02/2020 filed.
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Date: 10/30/2020
Proceedings: Order Denying Petitioner's Motion in Limine to Prohibit the County From Presenting Any Evidence.
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Date: 10/30/2020
Proceedings: Order Denying Intervenors' Motion for Disclosure of Location.
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Date: 10/30/2020
Proceedings: Order Granting Inbervenors' Motion for Remote Access.
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Date: 10/30/2020
Proceedings: Order Denying Intervenors' Motion in Limine to Exclude Expert Testimony.
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Date: 10/30/2020
Proceedings: Petitioner Dalk Land, LP's Notice of Filing Verified Returns of Services filed.
Date: 10/29/2020
Proceedings: Intervenor's Proposed Exhibits (exhibits not available for viewing)
Date: 10/29/2020
Proceedings: Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
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Date: 10/28/2020
Proceedings: Intervenors' Notice of Filing Proposed Exhibits for Final Hearing on 11/02/2020 filed.
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Date: 10/28/2020
Proceedings: Verified Return of Service (Mary Wingate) filed.
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Date: 10/28/2020
Proceedings: Verified Return of Service (Rick Griffin) filed.
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Date: 10/28/2020
Proceedings: Order Denying Emergency Motion for Continuance.
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Date: 10/28/2020
Proceedings: Order Denying Motion for Disqualification.
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Date: 10/28/2020
Proceedings: Petitioner Dalk Land, LP's Response in Opposition to Intervenors' Motion for Disqualification filed.
Date: 10/28/2020
Proceedings: Petitioner Dalk Land, LP's Notice of Filing Proposed Exhibits filed (exhibits not available for viewing).
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Date: 10/28/2020
Proceedings: Intervenors' Motion to Require Parties Disclosure of In-Person Location for the Final Hearing Starting on 11/02/2020 filed.
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Date: 10/27/2020
Proceedings: Intervenors' Notice of Filing the Affidavit of Pete Giampaoli in Support of Intervenors' Motion for Disqualification filed.
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Date: 10/27/2020
Proceedings: Intervenors' Motion for Disqualification filed.
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Date: 10/27/2020
Proceedings: Petitioner Dalk Land, LP's Notice of Filing List of Proposed Exhibits filed.
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Date: 10/27/2020
Proceedings: Petitioner Dalk Land, LP's Response in Opposition to Intervenors' Emergency Motion for Continuance filed.
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Date: 10/27/2020
Proceedings: Intervenors' Emergency Motion for Continuance filed.
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Date: 10/26/2020
Proceedings: Intervenors' Time Sensitive Motion for Remote Access for Their at-Risk Expert Witness regarding the Final Hearing filed.
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Date: 10/26/2020
Proceedings: Petitioner Dalk Land, LP's Pre-Hearing Statement filed.
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Date: 10/26/2020
Proceedings: Intervenors' Pre-Trial Statement filed.
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Date: 10/26/2020
Proceedings: Intervenors' Response in Opposition to Dalk's Motion for Summary Judgment re: False and Misleading Documents & Intervenors' Cross Motion for Summary Judgment to Exclude Laws Adopted after April 2010 filed.
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Date: 10/26/2020
Proceedings: Order Denying Motions for Partial Summary Judgment and Vacating Order on Scope of Final Hearing.
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Date: 10/22/2020
Proceedings: Petitioner Dalk Land, LP's Response in Opposition to Intervenors' Motion for Partial Summary Judgment regarding Start of Construction filed.
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Date: 10/22/2020
Proceedings: Petitioner Dalk Land, LP's Response in Opposition to Intervenors' Motion in Limine filed.
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Date: 10/22/2020
Proceedings: Petitioner Dalk Land, LP's Response in Opposition to Intervenors' Motion for Partial Summary Judgment on Issues Related to Claims Revisions C and D Constitue (sic) Substantial Improvements filed.
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Date: 10/22/2020
Proceedings: Petitioner Dalk Land, LP's Dalk Land, Response in Opposition to Intervenors' Motion for Partial Summary Judgment regarding Monroe County's NFIP and CRS Participation and Compliance filed.
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Date: 10/20/2020
Proceedings: Petitioner Dalk Land, LP's Response in Opposition to Intervenors' Motion for Partial Summary Judgment filed.
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Date: 10/20/2020
Proceedings: Order Granting Extension of Time.
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Date: 10/19/2020
Proceedings: Intervenors' Motion for an Extension to Respond to Dalk's Motion for Partial Summary Judgment re: False/Misleading Documents filed.
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Date: 10/16/2020
Proceedings: Petitioner Dalk Land, LP's Motion in Limine to Prohibit Respondent Monroe County from Presenting any Evidence and Calling Witnesses at November 2, 2020 Hearing filed.
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Date: 10/16/2020
Proceedings: Intervenors', Peter G. Giampaoli and Elizabeth Giampaoli, Motion in Limine to Exclude Dalk Land, LP's Expert Expert(s) Testimony and Opinions related to All Issues Raised in the Coastal Waterways' Basis for the Appeal of FEMA Letter of Map Revision filed.
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Date: 10/16/2020
Proceedings: Intervenors' Motion for Partial Summary Judgment regarding Start of Construction filed.
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Date: 10/16/2020
Proceedings: Intervenors' Motion for Partial Summary Judgment on Issues related to Claims Revisions C and D Constitue Substantial Improvements filed.
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Date: 10/16/2020
Proceedings: Intervenors' Motion for Partial Summary Judgment regarding Monroe County's NFIP and CRS Participation and Compliance filed.
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Date: 10/16/2020
Proceedings: Intervenors' Response in Opposition to Dalk's Motion for Partial Summary Judgment re: Setbacks filed.
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Date: 10/15/2020
Proceedings: Order Granting Extension of Time.
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Date: 10/15/2020
Proceedings: Intervenors' Response in Opposition to Dalk's Motion for Extension of Time to File Response to Intervenors' Motion for Partial Summary Judgment filed.
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Date: 10/14/2020
Proceedings: Petitioner Dalk Land, LP's Motion for Extension of Time to File Response to Intervenors' Motion for Partial Summary Judgment filed.
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Date: 10/13/2020
Proceedings: Petitioner Dalk Land, LP's Motion for Summary Judgment regarding False and Misleading Documents and on All Issues relating to Non-Compliance with 2014 Florida Building Code, ASCE 24-05 and Chapter 122 of Monroe County's Land Developement Code filed.
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Date: 10/09/2020
Proceedings: Intervenors' Response in Opposition to Dalk's Motion for Partial Summary Judgment regarding Monroe County's Failure to Verify Flood Zone Boundaries filed.
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Date: 10/09/2020
Proceedings: Petitioner Dalk Land, LP's Motion for Partial Summary Judgment regarding Non-Compliance with Shoreline Setback Requirements filed.
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Date: 10/08/2020
Proceedings: Intervenors' Response in Opposition to Dalk's Motion for Partial Summary Judgment regarding Pool Structure's Failure to Meet Floodplain Design and Construction Requirements filed.
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Date: 10/08/2020
Proceedings: Order Denying Motion for Protective Order.
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Date: 10/08/2020
Proceedings: (Intervenor's) Objections to Deposition Duces Tecum and Motion for Protective Order (of John Pepper) filed.
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Date: 10/07/2020
Proceedings: Intervenors' Notice of Filing the Affidavit of Pete Giampaoli in Support of Intervenors' Motion for Partial Summary Judgment filed.
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Date: 10/07/2020
Proceedings: Intervenors' Motion for Partial Summary Judgment filed.
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Date: 10/06/2020
Proceedings: Re-Notice of Taking Videotaped Deposition Duces Tecum of John Pepper filed.
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Date: 10/02/2020
Proceedings: Intervenors' Corrected Response in Opposition to Dalk's Motion for Partial Summary Judgment regarding Start of Construction and Illegal Structure filed.
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Date: 10/02/2020
Proceedings: Intervenors' Response in Opposition to Dalk's Motion for Partial Summary Judgment regarding Start of Construction and Illegal Structure filed.
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Date: 10/02/2020
Proceedings: Notice of Taking Videotaped Deposition Duces Tecum of John Pepper filed.
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Date: 10/02/2020
Proceedings: Petitioner Dalk Land, LP's Motion for Partial Summary Judgment regarding Monroe County's Failure to Verify Flood Zone Boundaries filed.
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Date: 10/01/2020
Proceedings: Petitioner Dalk Land, LP's Motion for Partial Summary Judgment regarding Pool Structure's Failure to Meet Floodplain Design and Construction Requirements filed.
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Date: 09/30/2020
Proceedings: Notice of Postponement of Deposition filed.
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Date: 09/29/2020
Proceedings: Non-Party Task Laboratories, Inc.'s Emergency Motion to Quash Subpoena Duces Tecum filed.
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Date: 09/29/2020
Proceedings: Intervenors' Objection to Subpoena Duces Tecum and Motion for Protective Order filed.
Date: 09/29/2020
Proceedings: Petitioner Dalk Land, LP's Notice of Filing September 4, 2020 Hearing Transcript filed.  Confidential document; not available for viewing.
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Date: 09/29/2020
Proceedings: Dalk Land, LP's Motion to Strike Intervenors' Improper and Untimely Supplemental Response in Opposition to Dalk's Motion for Summary Judgment filed.
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Date: 09/28/2020
Proceedings: Intervenors' Supplemental Response in Opposition to Dalk's Motion for Summary Judgment regarding ASCE 24 and Minimum Floodplain Elevation Requirements filed.
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Date: 09/28/2020
Proceedings: Order Granting Extension of Time.
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Date: 09/25/2020
Proceedings: Intervenors' Unopposed Motion for an Extension to Respond to Dalk's Motion for Partial Summary Judgment regarding Start of Construction filed.
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Date: 09/25/2020
Proceedings: Petitioner Dalk Land, LP's Notice of Filing Verified Return of Service filed.
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Date: 09/25/2020
Proceedings: Notice of Taking Deposition of the Corporate Representative of Task Laboratories, Inc. filed.
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Date: 09/21/2020
Proceedings: Amended Notice of Taking Deposition Duces Tecum (Stephen Boehning) filed.
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Date: 09/18/2020
Proceedings: Petitioner Dalk Land, LP's Motion for Partial Summary Judgment regarding Start of Construction and Illegal Structure filed.
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Date: 09/17/2020
Proceedings: Scheduling Order.
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Date: 09/16/2020
Proceedings: Notice of Compliance with Order Canceling Hearing and Rescheduling Hearing by Video Teleconference filed.
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Date: 09/16/2020
Proceedings: Petitioner Dalk Land, LP's Proposed Pre-Hearing Scheduling Order filed.
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Date: 09/14/2020
Proceedings: Notice of Taking Deposition Duces Tecum (of Brandon Mintz) filed.
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Date: 09/14/2020
Proceedings: Notice of Taking Deposition Duces Tecum (of Stephen Boehning) filed.
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Date: 09/10/2020
Proceedings: Order Canceling Hearing and Rescheduling Hearing by Video Teleconference (hearing set for November 2 through 6, 2020; 9:00 a.m.; Marathon and Tallahassee, FL).
Date: 09/04/2020
Proceedings: CASE STATUS: Motion Hearing Held.
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Date: 09/04/2020
Proceedings: Notice of Taking Videotaped Deposition Duces Tecum of Douglas Harvey filed.
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Date: 09/04/2020
Proceedings: Notice of Taking Deposition Duces Tecum filed.
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Date: 09/02/2020
Proceedings: Notice of Telephonic Conference (status conference set for September 4, 2020; 10:00 a.m.).
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Date: 09/02/2020
Proceedings: Intervenors' Corrected Response in Opposition to Petitioner's Renewed Motion for Summary Judgment filed.
Date: 09/01/2020
Proceedings: CASE STATUS: Motion Hearing Held.
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Date: 09/01/2020
Proceedings: Intervenors' Response in Opposition to Petitioner's Renewed Motion for Summary Judgment filed.
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Date: 08/26/2020
Proceedings: Notice of Postponement of Deposition Duces Tecum filed.
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Date: 08/26/2020
Proceedings: Affidavit of Service (of Subpoena to John Carroll) filed.
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Date: 08/26/2020
Proceedings: Intervernors' Objection to Subpoena Duces Tecum and Motion for Protective Order (Douglas Harvey) filed.
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Date: 08/26/2020
Proceedings: Petitioner Dalk Land, LP's Response to Non-Party Douglas Harvey's Emergency Motion to Quash Subpoena Duces Tecum filed.
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Date: 08/26/2020
Proceedings: Intervernors' Supplemental Filing to Its Notice of Postponement of Deposition of Stephen Boehning Pending Resolution of Petitioner's Late-Filed Objections filed.
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Date: 08/26/2020
Proceedings: Non-Party Douglas Harvey's Emergency Motion to Quash Subpoena Duces Tecum filed.
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Date: 08/26/2020
Proceedings: Dalk Land, LP's Response to Intervenors' Notice of Postponement of Deposition filed.
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Date: 08/26/2020
Proceedings: Notice of Postponement of Deposition of Stephen Boehning Pending Resolution of Petitioner's Late Filed Objections filed.
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Date: 08/25/2020
Proceedings: Petitioner Dalk Land, LP's Objections to Intervenors' Notice of Taking Deposition dated August 12, 2020 filed.
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Date: 08/25/2020
Proceedings: Petitioner Dalk Land, LP's Renewed Motion for Summary Judgment filed.
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Date: 08/24/2020
Proceedings: Affidavit of Service (of Subpoena to Stephen Boehning) filed.
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Date: 08/24/2020
Proceedings: Petitioner Dalk Land, LP's Notice of Filing Verified Return of Service filed.
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Date: 08/20/2020
Proceedings: Petitioner Dalk Land, LP's Motion for Leave to File Reply to Intervenors' Response in Opposition to Dalk Land, LP's Motion for Partial Summary Judgment filed.
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Date: 08/19/2020
Proceedings: Notice of Taking Videotaped Deposition Duces Tecum (of John M. Carroll) filed.
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Date: 08/18/2020
Proceedings: Intervernors' Notice of Filing the Affidavits of Pete Giampaoli and Douglas Harvey in Support of Intervenors' Response in Opposition to Dalk Land, L.P.'s Motion for Partial Summary Judgment Regarding Failure to Certify Compliance with Asce 24 and Meet Minimum FloodPlain Elevation Requirements filed.
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Date: 08/18/2020
Proceedings: Intervenors' Response in Opposition to Dalk Land, L.P.'s Motion for Partial Summary Judgment Regarding Failure to Certify Compliance with ASCE 24 and Meet Minimum Floodplain Elevation Requirements filed.
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Date: 08/14/2020
Proceedings: Order Granting Extension of Time to Respond to Summary Judgment Motion.
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Date: 08/14/2020
Proceedings: Intervenors' Motion for an Extension of Time to File a Response in Opposition to Petitioner's Motion for Partial Summary Judgment regarding Failure to Certify Compliance with ASCE 24 and Meet Minimum FloodPlain Elevation Requirements filed.
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Date: 08/12/2020
Proceedings: Notice of Taking the Videotaped Deposition Duces Tecum filed.
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Date: 08/07/2020
Proceedings: Petitioner Dalk Land, LP's Motion for Partial Summary Judgment regarding Failure to Certify Compliance with ASCE 24 and Meet Minimum Floodplain Elevation Requirements filed.
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Date: 08/03/2020
Proceedings: Order Granting Leave to Amend
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Date: 07/30/2020
Proceedings: Intervenors' Objection to Dalk Land's Motion for Leave to File an Amended Administrative Appeal filed.
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Date: 07/28/2020
Proceedings: Order on Dalk's Motion for Protective Order.
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Date: 07/24/2020
Proceedings: Petitioner Dalk Land, LP's Notice of Compliance with July 17, 2020 Order Regarding Pending Motions filed.
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Date: 07/24/2020
Proceedings: Notice of Compliance with Order Regarding Pending Motions filed.
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Date: 07/23/2020
Proceedings: Petitioner Dalk Land, LP's Motion for Leave to File Amended Administrative Appeal filed.
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Date: 07/17/2020
Proceedings: Order Regarding Pending Motions.
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Date: 07/16/2020
Proceedings: Dalk Land, LP's Notice of Filing Order Denying Petition for Writ of Prohibition dated July 16, 2020 filed.
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Date: 07/15/2020
Proceedings: Petitioner Dalk Land, LP's Response in Opposition to Intervenors' Motion for Stay filed.
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Date: 07/14/2020
Proceedings: Intervenors' Motion for Stay of DOAH Proceedings Pending Review of Petition for Writ of Prohibition filed.
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Date: 07/10/2020
Proceedings: Order of Pre-hearing Instructions.
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Date: 07/10/2020
Proceedings: Notice of Hearing (hearing set for September 21 through 23 and September 25, 2020; 9:00 a.m.; Marathon).
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Date: 07/10/2020
Proceedings: Order of Consolidation (DOAH Case Nos. 17-3578, 20-2039)
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Date: 07/09/2020
Proceedings: Order Denying Motions for Summary Judgment and to Dismiss.
Date: 06/22/2020
Proceedings: CASE STATUS: Motion Hearing Held.
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Date: 06/22/2020
Proceedings: Intervenors' Unnopposed Motion to Allow F. Patterson Willsey Esq., to Serve as Co-Counsel for Intervenors, Pro Hac Vice filed.
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Date: 06/17/2020
Proceedings: Intervenors' Response to Dalk Land's Motion for Summary Judgment filed.
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Date: 06/16/2020
Proceedings: Dalk Land, LP's Notice of Supplemental Filing in Support of Response in Opposition to Intervenors' Motion to Dismiss filed.
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Date: 06/11/2020
Proceedings: Order Denying Motion to Continue Summary Judgment Hearing.
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Date: 06/10/2020
Proceedings: Dalk Land, LP's Response in Opposition to Intervenors' Motion to Dismiss and to Continue Hearing on Dalk Land's Motion for Summary Judgment filed.
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Date: 06/08/2020
Proceedings: Intervenors' Motion to Dismiss and to Continue Hearing on Dalk Land's Motion for Summary Judgment filed.
Date: 06/03/2020
Proceedings: CASE STATUS: Motion Hearing Held.
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Date: 06/01/2020
Proceedings: Order Continuing Summary Judgment Hearing.
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Date: 05/29/2020
Proceedings: Intervenors' Motion to Continue the Summary Judgment Hearing on June 3, 2020 filed.
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Date: 05/28/2020
Proceedings: Dalk Land, LP's Response to Intervenors' Motion to Consolidate and to Intervenors' Objection to Final Hearing on June 3rd or 4th filed.
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Date: 05/22/2020
Proceedings: Intervenors' Objection to Final Hearing on June 3rd or 4th filed.
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Date: 05/21/2020
Proceedings: Petitioner Dalk Land, LP's Motion for Final Summary Judgment filed.
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Date: 05/21/2020
Proceedings: Intervenor's Motion to Consolidate filed.
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Date: 05/20/2020
Proceedings: Order Granting Motion to Intervene.
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Date: 05/15/2020
Proceedings: Notice of Compliance with Initial Order filed.
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Date: 05/13/2020
Proceedings: Notice of Appearance (Daniel Fors) filed.
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Date: 05/13/2020
Proceedings: Notice of Appearance (Irain Gonzalez) filed.
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Date: 05/11/2020
Proceedings: Giampaoli's Motion to Intervene filed.
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Date: 05/11/2020
Proceedings: Notice of Appearance (Andrew Tobin) filed.
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Date: 05/07/2020
Proceedings: Initial Order.
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Date: 04/29/2020
Proceedings: Notice of Transfer.
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Date: 04/29/2020
Proceedings: Notice of Transfer.
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Date: 04/28/2020
Proceedings: Notice sent out that this case is now before the Division of Administrative Hearings.
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Date: 04/27/2020
Proceedings: Permit Information filed.
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Date: 04/27/2020
Proceedings: Appeal Application filed.
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Date: 04/27/2020
Proceedings: Agency referral filed.

Case Information

Judge:
JOHN G. VAN LANINGHAM
Date Filed:
04/27/2020
Date Assignment:
04/29/2020
Last Docket Entry:
07/28/2021
Location:
Marathon, Florida
District:
Southern
Agency:
Contract Hearings
 

Counsels