Found inside – Page 888Collier contends that the Deltona first service showing is vastly overstated . First , it states that an application for a construction permit has been ... Found inside – Page 492City and County of San Francisco , Calif . , 605 F.2d 1117 , 1120 ( 9th ... We are not insensitive to the fact that the permit denials have placed Deltona ... Found insideOther Governmental Permits Even if the taking does not adversely affect the owner's remaining property, ... City of Deltona, 925 So.2d 340 (Fla. Found inside – Page 5It is due west of Miami and about 13 miles south of the city of Naples ( figure ... Florida DER , and others , the Deltona application includes development ... Found inside – Page 888Collier contends that the Deltona first service showing is vastly overstated . First , it states that an application for a construction permit has been ... Found inside – Page 196SO 64-446 17-2.04 ( 6 ) ( a ) 4/17/73 Immediately 5/15/74 Meadow Gold of Florida Orange City , ( Beatrice Foods Inc. ) Florida Permit no . Found inside – Page 37On behalf of Mr. Marcus , we request that the City return his three paintings to the Black History Month display in Deltona City Hall . Found inside – Page 167Permit application by Deltona Corp. , Marco Island , Collier Cty , Florida 5. Kaiparowits Power Plant , Kaiparowits Plateau , Utah 6. Westside Highway Project New York City , New York 7. Lake Alma Project , construction of water reservoir ... Found inside – Page 149boarder of the ten acre parcel ( 350 feet ) touching the city . ... city consider their submitted annexation applications as a whole , the Deltona City Commission adopted an ordinance voluntarily ... Ivan ( while the permit application was pending ) and build a new nine - story condominium.97 While the new building would be ... Found inside – Page 7243 In Deltona Corp . , the plaintiff developer claimed that it suffered an uncompensated taking as a result of federal regulations ... 49 The court noted that Deltona previously succeeded in obtaining permits in 1964 and 1969 , and recognized that it was not ... City of Tiburon , 447 U . S . 255 , 262 ( 1980 ) ( citation omitted ) ) . Found inside – Page 288In the aggregate , Barfield Bay and Big Key contain only 20 % of the total acreage of Deltona's original purchase in 1964 and ... land use regulations has denied ( plaintiff ] the ' justice and fairness ' guaranteed by the Fifth * * * Amendment * City of Tiburon ) , 447 U.S. at 263 . ... permit for Roberts Bay , that " the granting of this " Agins ( v . permit does not necessarily mean that future applications for permit. Found inside – Page 2534040216 - GU – Application for a rate increase by Florida Public Utilities Company . ... p.m. PLACE : City of Deltona , City Commission Chambers , City Hall , 2345 Providence Blvd. , Deltona , FL 32725 The ... GENERAL SUBJECT MATTER TO BE CONSIDERED : To permit members of the public to comment regarding the ... Found inside – Page 60Draft Environmental Impact Statement on Permit Application for Deltona ... Jacksonville District , Corps of Engineers , Everglades City , Florida . Found inside – Page 1781to now plication as one for an individual permit , excluding jurisdiction from the Court of the Corps notified the public ... [ 4 ] Plaintiff claims that the Corps ' the court finds that the action complained denial of plaintiff's permit application of did not ... 1991 , the court see also Penn Central Transportation Co. v . addressed this issue and ruled that plain- City of New York , 438 U.S. ... Penn Cenreconsidered its prior ruling , and the tral , 438 U.S. at 131 ; Deltona Corp. v . couri now HOLDS that ... Found inside – Page 7Riverside Bayview Homes , Inc. However , this holding does not prevent allegations that the application of these regulations on a site - by - site basis constitute a taking . ... City of New York , in which it held that the regulation of construction in the open area above Grand Central Station was not ... State Department of Environmental Protection , 404 A.2d 42 ( N.J. 1979 ) ; Deltona Corp. v . ... Indeed , the landowner was allowed to define the relevant " property ” with its permit application . Found inside – Page 281New York City , 438 U.S. 104 ( 1978 ) , made it cīear that taking does not just because a government regulation severely restricts ... In that case , the Corps of Engineers granted Clean Water Act Section 404 permit to Deltona , real estate development corporation , to fill ... had granted a permit . use some to case or The EPA 404 ( b ) guidelines ( 40 C.F.R. Part 230 ) which the Corps is obliged to apply , at ... Found inside – Page 1017931183103100010 , 31183103030010 , and technology , e.g. , permitting ... We will evaluate the plan and application from the City of Deltona respectively . Found inside – Page 60Draft Environmental Impact Statement on Permit Application for Deltona ... Jacksonville District , Corps of Engineers , Everglades City , Florida . Found inside – Page 630Purchasing property with awareness of the permit requirement precludes the property owner from arguing that his or ... City of New York , 438 U.S. 104 , 131 ( 1978 ) . ... United States , 657 F.2d 1184 ( Cl . Ct . 1981 ) , cert . denied , 455 U.S. 1017 ( 1982 ) , Deltona purchased a 10,000 ... court concluded that a takings claim for the portion not included in the Section 404 permit application was premature . Found inside – Page 481sion at the time the complaint was filed.213 Decisions of the Court of Claims , including Deltona and Jentgen , are binding on both the Court of ... City of Durham , 216 a federal district court granted summary judgment 213 Id . at 1346 n.17 ( emphasis added ) . ... property as a whole where the plaintiff was offered , but refused , “ permits to develop over 20 acres of the 80 acres covered by his applications . Found inside – Page 1404The Court concludes , therefore , that the defendant ' s action in denying the plaintiff ' s permit application was arbitrary , capricious , an abuse ... Deltona Corp . v . ... New York City , 438 U . S . 104 , 98 S . Ct . 2646 , 57 L . Ed . 2d 631 ( 1978 ) . Found insideCity of Deltona, 925 So. 2d 340 (Fla. Dist. Ct. App. 2006). ... conditions are not acceptable and I withdraw my application for rezoning. Found inside – Page 119City of New York ( 1978 ) , ” specified , when considering a takings claim , a court must consider the whole parcel of land owned by ... However , the court noted that the two tracts of land for which permits were denied amounted to only 20 percent of Deltona's total acreage . ... The Deltona court further justified its ruling by referring to the nationwide application of Section 404 , and by stating that Deltona's ... Found inside – Page 996Permit Application by Deltona Corporation , Marco Island , Collier County , Florida 5. ... Westside Highway Project , New York City , New York 7. Found inside – Page 537According to the eral courts have held that denial of a permit or the court ... Furthermore , in 1972 , a Applying this rule in Deltona Corporation v . Found inside – Page 1Deltona is working actively to resolve these issues . ... of much of the site , which is situated between two watercourses upstream from the City of Tampa . Presents a guide to low-water-use plants to create a xeriscape. Found insideOther Governmental Permits Even if the taking does not adversely affect the owner's remaining property, ... City of Deltona, 925 So.2d 340 (Fla. Found inside – Page 37On behalf of Mr. Marcus , we request that the City return his three paintings to the Black History Month display in Deltona City Hall , Because of the ... Found inside – Page 249... 141, 177–78; clamming communities of, 88, 92; Collier City and, 91–93; Deltona's coordinated growth plan for, 99; dredge and fill permits for, 98–100, ... Found inside – Page 31404.36 case concerned Deltona Corporation's plans to convert thousands of acres of mangrove wetlands on Marco Island in coastal Florida to ... New York City , 438 U.S. 104 , 124 ( 1978 ) ) . ... above note 84 , at 388-89 ( in fiscal year 1985 the corps denied only 365 of 8,500 applications for 404 permits , roughly 4.3 % ) . Found inside – Page 996Permit Application by Deltona COE EPA 3/15/76 Corporation , Marco Island ... Westside Highway Project , New FHW EPA 2/14/77 York City , New York 7. Found inside – Page 46Applying this rule in Deltona Corporation v . U . S . ( 657 F . 2d 1184 ... City of Tiburon ( 447 U . S . 255 ( 1980 ) ) and later by the U . S . Supreme Court in Keystone Bituminous Coal Association v . ... As a result , the Corps granted Deltona a permit for only one of its three remaining tracts and denied permits for the other two . Found inside – Page 264BLCTDocket No. 19836 TV ) , PANAMA CITY , FLA . 2237 Application for License MEMORANDUM OPINION AND ORDER ( Adopted October 3 , 1973 ; Released October 12 ... Found inside – Page 88... FL , 5606 Application for Incidental Take Permit , Deltona Retail Holdings ... Incidental Take Permits , etc .; Indian River County , FL , 12751 City of ... Found inside – Page 6-73When Deltona applied for permits for the other three , however , the Corps granted only one.40 The Court of Claims held that the permit ... It summarized the Supreme Court's thinking on the takings issue as follows : “ The application of a general zoning law to a particular ... City of Tiboron , 447 U.S. 255 , 260 ( 1980 ) ) . Standard ASCE/SEI 24-05 provides minimum requirements for flood-resistant design and construction of structures located in flood hazard areas. Found inside – Page 8-54Other nearby communities are Orange City , Deltona , and Deland . Since 1976 , Florida Power has operated a 336 Mw combustion turbine plant at the site ... Found inside – Page 527Permit Application by Deltona COE EPA 3/15/76 Corporation , Marco Island ... Westside Highway Project , New FHW EPA 2/14/77 York City , New York 7. Found inside – Page 21F - COE - E35006 - FL Permit Application by Deltona Corporation , Marco ... F - FHW - A4 2247 - NY Westway Highway Project , New York City , New York ... Found inside – Page 33... Federal Building and Courthouse , Panama City FINAL marco Island , Deltona Corp. Permit DRAPT Everglades Jetport Replacement 600 38 60146 60078 01-09-76 ... Found inside – Page 221113 Permit no . SO Deltona , Florida ... 17-2.04 ( 6 ) ( a ) . ... COLUMBIA COUNTY American Wood Products Permit Lake City , no . AO 12-2036 . Florida . Found inside – Page 439Cir . that the City was not required to obtain any 2001 ) ( cognizable property interest is a reapproval under the Permit for construction of quirement for asserting an ... Id .; see also Deltona defendant argues that the Section 10 Permit Corp. v . Found inside – Page 334In 1973 , after the section 404 program became law , Deltona applied to the Corps for section 404 permits to fill its remaining three parcels . ... 145 In applying this two - step approach , the Deltona court first examined section 404's legislative purpose . ... New York City , 148 the Claims Court explained that takings jurisprudence must focus on a regulation's interference with rights in “ the parcel as a whole ... Found inside – Page 2General policy for evaluating permit applications includes consideration of all ... FIGURE 1 Deltona Corporation Operations 0 PANAMA CITY JACKSONVILLE 2 2. Found inside – Page 10482In Deltona Corp. , the Court of Claims ( now the Federal Circuit ) first articulated the defense in a wetlands / taking case . ... Palazzolo , supra note 153 ; City of Virginia Beach , supra note 154 ; Brotherton , supra note 148. Outside the wetlands ... While such tiff's ) ability to fairly claim surprise when his permit application was inaction does not preclude a taking , the court said , “ it reduces ( plaindenied . Found inside – Page 996Permit Application by Deltona COE EPA 3/15/76 Corporation , Marco Island ... Westside Highway Project , New FHW EPA 2/14/77 York City , New York 7. Found inside – Page 927If the Corps depressly affirmed , i.e. , ( 1 ) that the bulldozers nies the permit application , the reasons and backhoes are “ point sources ” within the therefore must be disclosed , and Byrd meaning of the CWA ; ( 2 ) that the ... New York City , final judgment was entered , the Depart438 U.S. 104 , 123 , 98 S.Ct. 2646 , 2659 , 57 ment of Natural Resources sought and L.Ed.2d 631 ( 1978 ) ; Deltona Corp. v . 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