11-16-1993 Beach WaterCITY OF OKEECHOBEE
MEMORANDUM
TO: Mayor and Council
THRU:
THRU:
FROM: John J. Drago, City Administrator
DATE:
SUBJECT:
Nov. 16, 1993
Beach Water
Enclosed is a copy of a decision by the Hearing Officer in the Beach Water
matter. The essence of the decision is that the Hearing Officer would not grant any of
their request, especially the issuing of a Consumptive Use Permit. The Hearing Officer
said the matter must be settled in Circuit Court.
CITY OF OKEECHOBEE,
vs.
Petitioner,
SOUTH FLORIDA WATER MANAGEMENT
DISTRICT and OKEECHOBEE BEACH
WATER ASSOCIATION, INC.,
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
Respondents.
CASE NO. 93 -5505
ORDER ON PENDING MOTIONS
AND PLACING CASE IN ABEYANCE
This cause having come before the undersigned on
Respondent's Motion to Dismiss filed October 5, 1993, by
Okeechobee Beach Water Association, Inc.; on the Motion to
Dismiss for Lack of Standing filed October 12, 1993, by
Respondent South Florida Water Management District; on the
Request for Oral Argument filed October 12, 1993, by Respondent
South Florida Water Management District; on the City of
Okeechobee's Response to Okeechobee Beach Water Association,
Inc.'s, Motion to Dismiss filed October 14, 1993; on Petitioner's
Motion to Abate filed October 11, 1993; on South Florida Water
Management District Response to City of Okeechobee's Motion to
Abate filed October 22, 1993; on Respondent's Response to
Petitioner's Motion to Abate filed October 22, 1993, by
Okeechobee Beach Water Association, Inc.; on City of Okeechobee's
Motion to Strike the South Florida Water Management District's
Motion to Dismiss for Lack of Standing filed October 19, 1993; on
Petitioner's Request for Leave to Amend Petition For Formal
Administrative Hearing filed October 21, 1993 on Respondent's
Response to City of Okeechobee Motion to Strike Respondent South
Florida Water Management District's Motion to Dismiss filed
November 2, 1993; on the Motion to Deny Request for Leave to
Amend City of Okeechobee's Petition for Administrative Hearing
filed by South Florida Water Management District November 2,
1993; and on Respondent's Response to Petitioner's Request for
Leave to Amend Petition for Formal Administrative Hearing filed
November 2, 1993, by Okeechobee Beach Water Association, Inc; and
the undersigned having reviewed the record in this cause and
being fully advised in the premises, it is, therefore,
ORDERED that:
1. The Request for Oral Argument filed by Respondent South
Florida Water Management District be and the same is hereby
DENIED.
2. The Motion to Dismiss for Lack of Standing filed by
Respondent South Florida Water Management District be and the
same is hereby DENIED.
3. Respondent's Motion to Dismiss filed by Okeechobee Beach
Water Association, Inc., be and the same is hereby DENIED.
4. City of Okeechobee's Motion to Strike the South Florida
Water Management District's Motion to Dismiss for Lack of
Standing be and the same is hereby DENIED.
5. Petitioner's Request for Leave to Amend Petition for
Formal Administrative Hearing be and the same is hereby GRANTED.
6. Petitioner's Motion to Abate be and the same is hereby
GRANTED. R E C F I V F D
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7. The Motion to Deny Request for Leave to Amend City of
Okeechobee's Petition for Administrative Hearing be and the same
is hereby DENIED.
8. No later than 90 days from the date of this Order and
every 90 days thereafter the parties shall confer and advise the
undersigned in writing as to the status of Case No. 93- 555 -CA
pending in the Circuit Court In and For Okeechobee County,
Florida, as to the status of this matter, as to the need for a
formal hearing in this cause, as to the length of time required
for the formal hearing should one be necessary, and as to several
mutually agreeable dates for scheduling the formal hearing if
this cause is ready for so scheduling.
r
a� DONE AND ORDERED in Tallahassee, Leon County, Florida, this
i- day of November 1993.
Copies furnished:
Richard A. Lotspeich, Esquire
Fred McCormack, Esquire
Landers Parsons
Post Office Box 271
Tallahassee, Florida 32302
Michael W. Morell, Esquire
310 West College Avenue
Tallahassee, Florida 32302
A M. RIGOT
Hearing Officer
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399 -1550
(904) 488 -9675
Filed with the Clerk of the
Divisi n pf Administrative Hearings
this t5liday of November 1993.
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Cecile I. Ross
Attorney at Law
South Florida Water Management District
Post Office Box 24680
West Palm Beach, Florida 33416 -4680
Stephen A. Walker, Esquire
Messer, Vickers, Caparello, Madsen,
Lewis, Goldman Metz
Suite 900
2000 Palm Beach Lakes Boulevard
West Palm Beach, Florida 33409
Burton C. Conner, Esquire
Burton C. Conner, P.A.
301 Northwest 5th Street
Okeechobee, Florida 34972
Case No. 93 -5505
els
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