notebook - Southwest Florida Water Management District

swfwmd.state.fl.us

notebook - Southwest Florida Water Management District

STYLE/CASE NO. COURT ATTORNEY ACTION DESCRIPTION/STATUS

APPEALS

4 Cases as of October 11, 2012

matters, including this complaint. A proposed settlement

agreement has been reached and will be presented to the Board of

County Commissioners for approval on August 7, 2012. If

approved, both matters involving the District will be resolved. The

District’s Answer was filed Aug. 6, 2012. The settlement agreement

has been rescheduled for approval by the Hillsborough County

BOCC at its September 4, 2012 meeting. On September 4, 2012,

the settlement agreement was approved. TRP filed a Notice of

Dismissal on September 10, 2012. The Court subsequently

entered its Order of Dismissal. This case is now closed.

27

Arrowhead

Citizens Assn., Inc.

v. Dept. of

Environmental

Protection &

SWFWMD/Case

No. 5D12-540

Fifth District Court of

Appeal

M. Moore Appeal of DEP’s dismissal with

prejudice of Arrowhead Citizens

Association, Inc. Amended

Petition for Hearing

On September 15, 2011, the Department of Environmental

Protection (DEP) issued a notice of intent to issue an

Environmental Resource Permit to the District authorizing

construction of a new access road and tie-back berm associated

with Structure S-353 on the District’s Potts Preserve property. On

October 3, 2011, DEP received from Arrowhead Citizens Assn.,

Inc. a petition for an administrative hearing on the DEP’s proposed

agency action. On November 4, 2011, DEP dismissed the petition

as incomplete, with leave to amend. On November 21, 2011, DEP

received an amended petition. On January 13, 2012, DEP issued a

final order dismissing the amended petition with prejudice. On

February 8, 2012, Arrowhead Citizens Association filed a Notice of

Appeal. Arrowhead Citizens filed its initial brief on April 16, 2012.

On April 23, 2012, Southwest Florida Water Management District

filed a Notice of Appearance of Counsel and Motion to Correct

Style of Case to add the District as a named Appellee. The Court

entered its Order granting the Motion to Correct Style of Case to

include SWFWMD as an Appellee. Appellant filed its initial brief on

April 17, 2012, but failed to serve a copy on the District. Due to this,

the District requested an extension of 20 days in which to serve its

answer brief. On May 8, 2012, the Court ordered an enlargement of

time for service of Appellee, SWFWMD, to file its Answer Brief. The

Answer Brief of Appellee Florida Department of Environmental

Protection was served on May 7, 2012. The District’s brief was

served on May 29, 2012. Arrowhead filed Reply Briefs to DEP’s

and the District’s Answer Briefs.

On June 6, 2012, Arrowhead moved to substitute its filed briefs with

re-typed documents prepared in the Times New Roman Font 14

required by appellate rules, which was granted by the court on June

12, 2012. The corrected documents were re-filed on June 25, 2012.

Oral argument was held on September 4, 2012 in Daytona

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