WWALS Watershed Coalition

WWALS Watershed Coalition, Inc. (WWALS) is Suwannee RIVERKEEPER® WWALS advocates for conservation and stewardship of the surface waters and groundwater of the Suwannee River Basin and Estuary, in south Georgia and north Florida, among them the Withlacoochee, Willacoochee, Alapaha, Little, Santa Fe, and Suwannee River watersheds, through education, awareness, environmental monitoring, and citizen activities.

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Judge tosses Sand Mine Exception because Levy County Commissioners violated their own rules 2024-09-18 [Up]

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[Florida Judge Quashes 2024-09-18 Levy County 3RT Sand Mine: Lack of Public Notices & Lack of required studies]
Florida Judge Quashes 2024-09-18 Levy County 3RT Sand Mine: Lack of Public Notices & Lack of required studies

[Florida Judge Quashes 2024-09-18 Levy County 3RT Sand Mine: Lack of Public Notices & Lack of required studies]
Florida Judge Quashes 2024-09-18 Levy County 3RT Sand Mine: Lack of Public Notices & Lack of required studies

C8

[ORDER ON PETITION FOR WRIT OF CERTIORARI]
ORDER ON PETITION FOR WRIT OF CERTIORARI
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[Petitioners ... seek judicial review to quash and reverse the quasi-judicial approval.]
Petitioners ... seek judicial review to quash and reverse the quasi-judicial approval.
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[It is undisputed that, in its granting of Application for special exception, BOCC was acting in a quasi-judicial, rather than a legislative, capacity.]
It is undisputed that
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[The court may not enter any judgment on the merits of the underlying controversy or direct the lower tribunal to enter any particular order.]
The court may not enter any judgment on the merits of the underlying controversy or direct the lower tribunal to enter any particular order.
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Notices

[Lack of certified mail, posted sign, and warning of need of transcript of BOCC meeting]
Lack of certified mail, posted sign, and warning of need of transcript of BOCC meeting
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[The Petitioner alleges that procedural due process was not accorded as the notice mailed was not via certified mail, the posted notice was not visible from the road as the signage was left fallen to the ground, and the record evidence of the published advertisement notices did not contain the required language set forth in 50-3 or F.S. 286.0105.]
The Petitioner alleges that procedural due process was not accorded as the notice mailed was not via certified mail, the posted notice was not visible from the road as the signage was left fallen to the ground, and the record evidence of the published advertisement notices did not contain the required language set forth in 50-3 or F.S. 286.0105.
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[Significantly, it should be noted that the procedural notice provisions set forth in Section 50-3 were adopted prior to the final approval of the Application.]
Significantly, it should be noted that the procedural notice provisions set forth in Section 50-3 were adopted prior to the final approval of the Application.
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Studies

[Traffic Study. Levy County Code Section 50-719(d)(3)(d) states, in relevant part: —d.
Traffic Study. Levy County Code Section 50-719(d)(3)(d) states
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[Once it's open, we will do more traffic counts and go from there, but at this time, no, it does not warrant.]
Once it's open, we will do more traffic counts and go from there, but at this time, no, it does not warrant.
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[Wildlife Impact Study: An additional safeguard and requirement of the applicable Code contemplates a completed wildlife impact study prior to Application approval.]
Wildlife Impact Study: An additional safeguard and requirement of the applicable Code contemplates a completed wildlife impact study prior to Application approval.
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Result

[ORDERED and ADJUDGED that the Petition for Writ of Certiorari is GRANTED and the approval of the Application to which it is directed is hereby QUASHED.]
ORDERED and ADJUDGED that the Petition for Writ of Certiorari is GRANTED and the approval of the Application to which it is directed is hereby QUASHED.
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[DONE AND ORDERED on Tuesday, September 17, 2024., Craig C. DeThothasis, Circuit Judge]
DONE AND ORDERED on Tuesday, September 17, 2024., Craig C. DeThothasis, Circuit Judge
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