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IN THE DISTRICT COURT OF APPEAL
SECOND DISTRICT
CITY OF ST. PETERSBURG, FLORIDA,
a municipal corporation, )
Petitioner,
) MOTION TO EXTEND TIME
"-vs- ) FOR FILING BRIEF AND
SOUTHWEST FLORIDA WATER MANAGEMENT ) TRANSCRIPT
DISTRICT, an administrative agency )
of the State of Florida, ) E A^. "7-/-
Respondent. )
The Petitioner, CITY OF ST. PETERSBURG, FLORIDA, a
municipal corporation, by its undersigned attorney, moves this
Court for an Order extending the time within which to file the
Petitioner's brief and the transcript of the record and states:
1. The Order of the Southwest Florida Water Management
District was entered on August 4, 1976, thereby making the
Petitioner's brief and the transcript of the record due on
September 3, 1976.
2. Counsel for the Petitioner is faced with the
formidable task of preparing a complex legal argument based on
two hearings, with over 300 pages of testimony and encompassing
over 50 exhibits. Much of the testimony and many of the exhibits
are highly technical in nature, dealing with hydrological data
and terminology.
3. The crucial nature of the outcome of this appeal
also is a factor to be considered on these motions because the
drinking water of the City of St. Petersburg, Florida, is at
issue.
4. The bulky nature of the transcript which includes
approximately 475 pages of exhibits alone, requires the presence
of the transcript before the Petitioner. Although certified
copies of the exhibits will be sent to this Court, they do not
lend themselves to accurate reproduction and use during the pre-
paration of Petitioner's brief.
5. The transcript of the final hearing was not made
available to the Petitioner until September 2, 1976, which is
one day before the Petitioner's deadline, despite Petitioner's
diligent efforts.
6. The transcript of the latest hearing before the
Administrative Procedures Committee is now being prepared, and
although the Petitioner does not plan to introduce it at this
time, it would be of immense help in presenting the Petitioner's
position before this Court.
7. In order to have adequate time to prepare the
Petitioner's brief in this case, thirty additional days are
needed.
WHEREFORE, Petitioner moves that the time for
filing Petitioner's brief in this case be extended to October 4,
1976.
I HEREBY CERTIFY that a copy of the foregoing Motion to
Extend Time For Filing Brief and Transcript has been furnished
to LESTER M. BLAINE, ESQUIRE, 606 East Madison, Tampa, FL,
Attorney for Respondent, by hand, this 3w day of September,
1976.
CARL R. LINN
City Attorney
214 Municipal Building
St. Petersburg, Florida
Attorney for Petitioner
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