Title: The above Petitioners, Respondents, and Interveners
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Permanent Link: http://ufdc.ufl.edu/UF00051267/00001
 Material Information
Title: The above Petitioners, Respondents, and Interveners
Alternate Title: The above Petitioners, Respondents, and Interveners filed a Motion with the Division to consolidate the three cases and requested a hearing at SWFWMD which were approved Sept. 9, 1983.
Physical Description: 7p.
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
General Note: Box 2, Folder 5C ( COSME-ODESSA SFWMD - SWFWMD ), Item 108
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00051267
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text










CASES NO. 83-2593
83-2594
83-2595





Copies furnished to:




Edward P. de la Parte, Esq.
de la Parte & Gilbert, P.A.
705 East Kennedy Boulevard
Tampa, Florida 33602

Carl Linn, Esq.
267 75th Street
St. Petersburg Beach, Florida 33706

Benjamin H. Hill, III, Esq.
Post Office Box 3324
Tampa, Florida 33601

Tom Fairfield Brown, Esq.
11720 Sheldon Road
Tampa, Florida 33524

L. M. Blain, Esq.
Blain & Cone, P.A.
202 Madison Street
Tampa, Florida 33602

J. Edward Curren, Esq.
Attorney-Regulation
Southwest Florida Water
Management District
2379 Broad Street
Brooksville, Florida 33512














DONE AND ORDERED this 9th day of September

1983, in Tallahassee, Florida.





SILLIAM E. -WILLIAMS -
Hearing Officer
Division of Administrative Hearings
Department of Administration
Oakland Building
2009 Apalachee Parkway
Tallahassee, Florida 32301
904/488-9675

FILED with the Clerk of the Division
of Administrative Hearings this f
day of September 1983.


Copies furnished to:


See attached









































-3-

















3. The prehearing stipulation shall contain:

(a) a concise statement of the nature of the
controversy;

(b) a brief, general statement of each party's
position;

(c) a list of all exhibits, which shall be
prenumbered, to be offered at the hearing,
noting any objections thereto, and the
grounds for each objection;

(d) a list of the names and addresses of all
witnesses intended to be called at the
hearing by each party. Expert witnesses
shall be so designated;

(e) a concise statement of those facts which
are admitted and will require no proof
at the hearing, together with any reserva-
tions directed to such admission;

(f) a concise statement of those issues of law
on which there is agreement;

(g) a concise statement of those issues of
fact which remain to be litigated;

(h) a concise statement of those issues of law
which .remain for determination by the
Hearing Officer;

(i) a concise statement of any disagreement
as to the application of the rules of
evidence;

(j) a list of all motions or other matters
which require action by the Hearing Officer;

and

(k) the signature of counsel for all parties.


4. The parties shall file their prehearing stipu-

lation no later than ten (10) days prior to the date set for

final hearing in this cause. Failure to comply with the

requirements of this Order may result in cancellation of

the hearing on the Hearing Officer's own motion.








-2-




















SEE PAGE 1 FOR STYLE OF CASES 83-2593, 83-2594 & 83-2595












ORDER


THIS CAUSE having been scheduled for hearing on

DECEMBER 12 through DECEMBER 16, 1983 it is

ORDERED:

1. Counsel for all parties shall meet together

no later than ten (10) days prior to the date agreed upon

for final hearing in this cause and shall:

(a) discuss the possibility of settlement;

(b) stipulate to as many facts and issues
as possible;

(c) draw up the prehearing stipulation
required by this Order;

(d) examine and number all exhibits and
documents proposed to be introduced
into evidence at the hearing;

(e) furnish opposing counsel the names and
addresses of all witnesses;

(f) complete all other matters which may
expedite the hearing in this case.


2. Counsel for Petitioner shall initiate arrange-

ments for the attorneys' conferences. However, all attorneys

in this cause are charged with the duty of meeting in such

conferences and of complying with the schedule set forth in

this Order.














SEE PAGE 1 FOR STYLE OF CASES 83-2593, 83-2594 & 83-2595











NOTICE OF HEARING

A hearing will be held in this case in Board Room,

Southwest Florida Water Mgmt. District Office, 2379 Broad Street, BROOKSVILLE, FLORIDA

at 10:00 a.m. or as soon thereafter as can be heard, on

DECEMBER 12 through DECEMBER 16, 1983 Continuances will be granted only

by order of the Hearing Officer for good cause shown.

ISSUES: Whether the requested consumptive use permits should issue.







AUTHORITY: Sections 120.57 and 373.223, Florida Statutes,

and Rule 40D-2.301, Florida Administrative Code.

The parties shall arrange to have all witnesses and evidence present at

the time and place of hearing. Subpoenas will be issued by the Hearing Officer upon

request of the parties. All parties have the right to present oral argument and to

cross-examine opposing witnesses. All parties have the right to be represented by

counsel or other qualified representative, in accordance with Rule 28-5.1055, Florida

Administrative Code.

September 9, 1983 /
(Date) --
LLIAM E, WILLIAMS
Copies furnished: Hearing Officer
Division of Administrative Hearings
See attached The Oakland Building
2009 Apalachee Parkway
Tallahassee, Florida 32301
(904) 488-9675












ORDE R

THIS CAUSE having come on for consideration on

Petitioners' Motion to Consolidate, and the Hearing Officer

having reviewed the pleadings on file in this cause, and

being otherwise fully advised in the premises, it is

ORDE RE D

1. That said motion be, and the same is hereby

GRANTED. Pleadings hereinafter filed in this cause shall

bear the caption and style of this order.

DONE AND ORDERED this 9th day of September, 1983,

at Tallahassee, Florida.





WILLIAM E. WILLIAMS
Hearing Officer
Division of Administrative Hearings
Oakland Building
2009 Apalachee Parkway
Tallahassee, Florida 32301
904/488-9675


FILED with the Clerk of the Division
of Administrative Hearings this c
day of September, 1983.


Copies furnished to:

See attached page









STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS






WEST COAST REGIONAL WATER )
SUPPLY AUTHORITY, and
HILLSBOROUGH COUNTY, )

Petitioners, )

vs. ) CASE NO. 83-2593
(200003)
SOUTHWEST FLORIDA WATER )
MANAGEMENT DISTRICT,

Respondent,

and

BENJAMIN H. HILL, III, and
TOM FAIRFIELD BROWN, )

Intervenors. )


WEST COAST REGIONAL WATER
SUPPLY AUTHORITY, and )
CITY OF ST. PETERSBURG,

Petitioners,

vs. CASE NO. 83-2594
) (200004)
SOUTHWEST FLORIDA WATER
MANAGEMENT DISTRICT, )

Respondent, )

vs. )

BENJAMIN H. HILL, III, and )
TOM FAIRFIELD BROWN,

Intervenors.


WEST COAST REGIONAL WATER SUPPLY )
AUTHORITY, and HILLSBOROUGH
COUNTY, )

Petitioners, )

vs. ) CASE NO. 83-2595
(206676)
SOUTHWEST FLORIDA WATER )
MANAGEMENT DISTRICT,

Respondent,

and

BENJAMIN H. HILL, III, and
TOM FAIRFIELD BROWN, )

Intervenors. )




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