notebook - Southwest Florida Water Management District

STYLE/CASE NO. COURT ATTORNEY ACTION DESCRIPTION/STATUS
On May 16, 2012, the District filed its Motion to Dismiss. On May
23, 2012, FDACS filed its Response in Opposition to the District’s
Motion to Dismiss. On May 24, 2012, DOAH issued its Order
denying the District’s Motion to Dismiss. On May 24, 2012, the
Owner filed a motion titled “Petition Objecting to SWFWMD Petition
for Leave to Intervene,” DOAH denied Owner’s motion on June 13,
2012.
On June 29, 2012, Petitioner requesting a continuance of the
hearing. On July 2, 2012, DOAH granted Petitioner’s request and
the hearing is scheduled for August 8, 2012. Depositions in this
matter were held on July 11, 2012.
The District and Mr. Zagame are working on a proposed settlement
to restore the impacted wetlands, and for the payment of penalties
and costs. On August 1, 2012, Joe Zagame’s Witness List was
filed. On August 6, 2012, Joint Motion for Continuance was filed.
On August 7, 2012, Order Denying Continuance of Final Hearing
was filed.
A final hearing in this matter occurred on August 8th. The parties
ran out of time to complete presentation of the case and a second
day of hearing is scheduled for Oct. 15th. In the meantime, Mr.
Zagame and the District continue to negotiate a settlement of this
matter.
The deposition of Mr. Zagame’s expert, James Modica, was
taken on September 28, 2012. The parties filed their prehearing
stipulation with DOAH on October 9, 2012, in
preparation for the continuation of the hearing on October 15,
2012.
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Tony’s Roasted
Pepper, LLC v.
Hillsborough
County &
SWFWMD
13 th Judicial Circuit,
Hillsborough County
M. Moore Complaint for Bert Harris,
trespass & inverse condemnation
On July 17, 2012, the District was served with an amended
complaint alleging Bert Harris, trespass & inverse condemnation
claims against the County and a continuing trespass claim against
the County and the District in relation to actions undertaken by the
County and District permitting. The complaint seeks damages
regarding County storm drainage systems allegedly impacting
Tony’s Roasted Pepper, LLC (TRP) property, the County’s alleged
unauthorized use of TRP property and the County’s failure to grant
zoning approval of TRP’s proposed residential subdivision involving
Lake Wee. Injunctive relief is sought against the District & the
County for continuing trespass of stormwater that is alleged will
occur as a result of a District ERP to the County for drainage
improvements in the Lake Meade area. TRP has also challenged
the County ERP, which is now pending before DOAH. (See permit
challenge above.) The District’s answer is due August 6, 2012. On
July 23, 2012, the parties held a joint resolution conference for all
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