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or wrong in assessing the impacts on traditional rights and how much money is
involved.2
This Court has ample justification for entering summary judgment for
Petitioners. In the event the Court is not inclined to do so at this time, under no
circumstances should summary judgment be entered for Respondents and
Intervener. The full facts would take time to develop and resources beyond the
volunteer capabilities of Petitioners alone, but at this time it appears that this case
not only involves gross neglect of the Trustees duties under the public trust
doctrine and due process but also the possibility of intentional impropriety.3
WHEREFORE, Petitioners request that summary judgment be entered in
their favor against Respondents and denied to Respondents and Interveners, and in
the event the Court is not inclined to grant summary judgement in favor of
Petitioners at this time that the matter be set for a case management conference
concerning discovery and other matters consistent with any investigation that may
ensue by the federal government pertaining to the premises.
2
This case involves failure to comply with the public trust doctrine and due
process in the granting of a private easement, which is clearly a Board of Trustees
transaction, in contrast to Kruer v. Board of Trustees of the Internal Improvement
Trust Fund, 647 So.2d 129 (Fla. 1st DCA 1994) which involved an attempt to file
an administrative petition to interfere in the settlement of a circuit court case. Nor
does this case involve a proposed rule, unlike State, Board of Trustees of the
Internal Improvement Trust Fund, 794 So.2d 696 (Fla. 1st 2001), and similarly
unlike last year where the Environmental Regulation Commission rejected an
FDEP attempt to promulgate inadequate water quality standards. (Exs. 2 and 3.)
3
See Ex. 4.
4
___________________________
Steven A. Medina
Attorney
Florida Bar No. 370622
1104 N. Eglin Parkway
P.O. Box 1021
Shalimar, Florida 32579
Phone: 850.621.7811
Fax: 850.362.0076
stevenamedina@yahoo.com
ATTORNEY FOR PETITIONERS
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing, with
attachments, was served by electronic mail upon the following on February 6,
2014:
W. Douglas Beason
Department of Environmental Protection
3900 Commonwealth Blvd., M.S. 35
Tallahassee, Florida 32399-3000
Email: Doug.Beason@dep.state.fl.us
Shayna.Holton@dep.state.fl.us
DEP.Water@dep.state.fl.us
Terry Cole, Esquire
Kellie Scott, Esquire
Gunster, Yoakley and Stewart
215 South Monroe Street, Suite 601
Tallahassee, Florida 32301
Email: tcole@gunster.com
5
kscott@gunster.com
bfrazier@gunster.com
Warren K. Anderson, Jr.
The Public Trust Environmental Legal Institute of Florida, Inc.
2029 N. 3rd Street
Jacksonville Beach, Florida 32250
Email: taowalkerwarren@gmail.com
andrewdouglasmiller@gmail.com
__________________________
Steven A. Medina