Title: SWFWMD letter to Division of Administrative Hearings enclosing the original and a copy of the Respondent's Motion for Continuance in DOAH Case No. 88-
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Title: SWFWMD letter to Division of Administrative Hearings enclosing the original and a copy of the Respondent's Motion for Continuance in DOAH Case No. 88-
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Spatial Coverage: North America -- United States of America -- Florida
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Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: UF00052296
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.

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Carlyn Harper
Attorney


Southwest Florida Water
Management District
2379 Broad Street
Brooksville, Florida 34609-6899
(904) 796-7211


CERTIFICATE OF SERVICE


I hereby certify that a true and correct copy of the

foregoing Motion for Continuance has been sent by United States

mail to the following this /6 day of / 1988:

John T. Allen, Jr.
John T. Allen, Jr., P.A.
4508 Central Avenue
St. Petersburg, Florida 33711
Attorney for Pinellas County, Florida

Edward P. de la Parte, Jr.
de la Parte, Gilbert & Gramovot, P.A.
705 East Kennedy Boulevard
Tampa, Florida 33602
Attorney for West Coast Regional Water
Supply Authority


ram D. E. Canter


Courtesy copy furnished to:

L. M. Blain James Benjamin Harrill
Blain & Cone, P.A. Pasco County Government Center
202 East Madison Street 7530 Little Road
Tampa, Florida 33602 New Port Richey, Florida 34654

David D. Henderson Larry Sellers
Florida Citrus Mutual Holland & Knight
Post Office Box 89 Post Office Drawer
Lakeland, Florida 33802 Tallahassee, Florida 32302
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FLORIDA PHOSPHATE COUNCIL, to represent that they concur in this

motion.

8. The undersigned counsel has conferred with counsel for

the Petitioner, WEST COAST REGIONAL WATER SUPPLY AUTHORITY, and

he stated that the Petitioner objects to this motion.
9. The undersigned counsel has conferred with counsel for

Intervenor, PINELLAS COUNTY, and he stated that the Intervenor

will not oppose this motion, provided that the rescheduled

hearing would not conflict with other scheduled trials.

THEREFORE, the Respondent, SOUTHWEST FLORIDA WATER

MANAGEMENT DISTRICT, requests that the hearing be continued for

two weeks in order to allow time to adequately prepare for the

hearing and to assure that the people of Florida, through the

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, are adequately

represented in this proceeding.

R spectfully submitted,

(yf C'stz7
Bram D. E. Canter
Haben & Culpepper, P.A.
306 North Monroe Street
Tallahassee, Florida 32302
(904) 222-3533


Daniel P. Fernandez
General Counsel



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previous unavoidable commitments. However, they can be available

at a later date. Their testimony is essential to the

Respondent's case.

3. The complexity of the case necessitates more time for

adequate preparation due in part to the large volume of

information requested from the Respondent by the Petitioner, WEST

COAST REGIONAL WATER SUPPLY AUTHORITY.

4. It is now anticipated that the time remaining before

the hearing will be consumed by depositions, thus leaving no time

to prepare for the hearing. The Respondent believes that an

additional two weeks would provide the parties with sufficient

time.

5. The number of parties who recently sought to intervene

makes resolution of the case impossible in the two days currently

allotted for the hearing.. Based on discussions with the

potential Intervenors, the Respondent now estimates that the

hearing will require at least four days. Therefore, continuation

of the hearing appears inevitable.

6. A four-day or five-day hearing consolidated into the

same week will better facilitate an understanding of the complex

issues in this case.

7. The undersigned counsel has been authorized by counsel

for the Intervenors, PASCO COUNTY, FLORIDA CITRUS MUTUAL and



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STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS

WEST COAST REGIONAL WATER
SUPPLY AUTHORITY,
Petitioner,
vs. Case No. 88-0693R

SOUTHWEST FLORIDA WATER
MANAGEMENT DISTRICT,
Respondent.


MOTION FOR CONTINUANCE


The Respondent, SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT,

pursuant to Rules 221-6.016 and 221-6.017, Florida Administrative

Code, moves for a continuance of the hearing in the above-styled

case scheduled for March 23 and 24, 1988, for the following

reasons:

1. The undersigned counsel was substituted as lead counsel

only eight days ago on March 8, 1988, because of the resignation

of a senior attorney in the Respondent's Office of General

Counsel which necessitated an immediate shift of

responsibilities. Familiarization of the undersigned with the

historical development of the rule and complex hydrogeologic

facts involved in this proceeding will necessitate a transition

period during which the Respondent cannot effectively be

represented in this matter.

2. Expert witnesses essential for the Respondent's case

are not available for adequate pre-hearing preparation because of








NN Southwest Florida Water
S-Management District
MICHAEL ZAGORAC, JR., Chairman, Belleair WALTER H. HARKALA, Vice Chairman, Plant City
1961 ANNE M. BISHOPRIC, Secretary, Sarasota HORACE F. HERNDON, Treasurer, Lake Wales
S ROY G. HARRELL, JR., St. Petersburg ROBERT T. BRAMSON, M.D., Tampa
,. $ WILLIAM H. WILCOX, Ph.D., Port Charlotte MARY ANN HOGAN, Brooksville CHARLES A. BLACK, Crystal River
GEMEI GARY W. KUHL, Executive Director DANIEL P. FERNANDEZ, General Counsel
WILLIAM K. HENNESSEY, PETER G. HUBBELL, JERRY I. SIMPSON, Deputy Executive Directors




March 16, 1988



Division of Administrative Hearings
The Oakland Building
2009 Apalachee Parkway
Tallahassee, Florida 32399-1550

Attention: Clerk

Subject: West Coast Regional Water Supply Authority v.
Southwest Florida Water Management District,
DOAH Case No. 88-0693R

Dear Clerk:

Enclosed for filing is the original and a copy of the
Respondent's Motion for Continuance.

Thank you for your assistance.


Sincerely



Daniel P. Fernandez
General Counsel

DPF/dl
Enclosures

cc: Edward P. de la Parte, Jr.
John T. Allen, Jr.
J. Benjamin Harrill
Lawrence J. Sellers
David D. Henderson
L. M. Blain






2379 BROAD STREET, BROOKSVILLE, FLORIDA 34609-6899
PHONE (904) 796-7211 or 1-800-423-1476 SUNCOM 628-4097





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