Case Details
Case Number 05-1616 CWC
Case Type CWC DNR/Clean Water Commission
Case Name In re Moark, Permit MO-0122840
Commissioner z June Striegel Doughty
Case Status Archived
Date Created 2005-11-02 13:17:21
Date Closed 2008-02-19 09:57:25
Case Appointments
Type Location Attendees Subject Status Begin End
Hearing Set for JCMO June.Doughty@oa.mo.gov D: #05-1616 CWC In re Moark, Permit MO-0122840[Harry D. Bozoian] Cancelled 2006-01-30 09:00:00 2006-01-30 17:00:00
Hearing Set for Springfield June.Doughty@oa.mo.gov D: #05-1616 CWC In re Moark, Permit MO-0122840[Harry D. Bozoian, Robert J. Brundage] Held 2006-09-28 10:00:00 2006-09-29 17:00:00
Hearing Set for Neosho June.Doughty@oa.mo.gov D: #05-1616 CWC In re Moark, Permit MO-0122840[Harry D. Bozoian, Robert J. Brundage] Held 2006-10-12 08:00:00 2006-10-13 17:00:00
Hearing Set for JCMO June.Doughty@oa.mo.gov D: #05-1616 CWC In re Moark, Permit MO-0122840[Harry D. Bozoian, Robert J. Brundage] Held 2006-10-24 08:30:00 2006-10-25 17:00:00
Correspondence
Reason Comments Date Sent Documents
Hearing Notice Sent-DNR Non Applicant 9:00 AM, Monday, January 30, 2006, JSD one day. NOC, NOH mailed rb. 2005-11-03 12:19:00
Order Issued denying Resp's mtn for more definite stmt - canceling hrg; Resp shall file amended answer. sh 2005-12-12 12:04:00
Order Issued granting Moark's mtn to intervene - SWMCALME shall have atty enter appearance by 1/3/06 (if it is a corp.) sh 2005-12-22 13:35:00
Order Issued Resps shall file responsive pleadings to complaints by 2/17/06 - responses to mtns to change venue due 2/17/06; all Ptrs shall file identifying information by 1/30/06. sh 2006-01-18 14:34:00
Order Issued extending deadline in 1/18/06 order - responses to Dwayne Miller's and James Carter's mtns to intervene due 2/17/06. sh 2006-02-03 12:57:00
Order Issued Ptrs may respond to mtn for extn of time to file answer by 2/16/06. sh 2006-02-14 16:03:00
Order Granting Extension of Time Resp has until 2/24/06 to file answer. sh 2006-02-17 07:58:00
Order Issued granting Miller's and Carter's mtns to intervene - granting mtns for change of venue; granting Moark's mtn to extend time to file answer/responsive pleadings. sh 2006-02-22 10:15:00
Order Issued Ptrs have until 3/20/06 to respond to mtn to strike and mtn to dismiss. sh 2006-03-07 11:44:00
Order Issued denying Moark's mtn to dismiss and mtn to strike - responses due 4/24/06 to mtn to hold hrg in Springfield. sh 2006-04-10 10:39:00
Letter sent to Rep. Kevin Wilson. sh 2006-04-21 16:30:00
Order Issued setting hearing 10:00 AM, Thursday, September 28, 2006 thru Friday, September 29, 2006, Bankruptcy Court Room, 2nd Floor, US District Courthouse, 222 N. John Q. Hammons Parkway, Springfield, MO, JSD 2 days. Discovery schedule set rb. 2006-04-26 09:48:00
Order Issued in response to Moark's letter filed 7/26/06. sh 2006-08-02 14:23:00
Order Issued Responses to mtns to compel due 8/18/06. sh 2006-08-08 13:13:00
Order Issued granting/denying in part DNR's motions to compel; Dwayne Miller and Mark Adams are dismissed from case. sh 2006-08-17 16:50:00
Order Issued hearing to resume 8:00 AM, Thursday, October 12, 2006 thru Friday, October 13, 2006, JSD 2 days, City Hall Council Chambers, 203 E. Main Street, Neosho, MO rb. 2006-10-02 13:20:00
Order Issued 8:30 AM, Tuesday, October 24, 2006 thru Wednesday, October 25, 2006, JSD 2 days rb. 2006-10-17 14:14:00
Briefing Schedule mailed DNR and Moark 1/29/07; Ptrs 3/30/07; reply 4/30/07. sh 2006-11-28 10:46:00
Briefing Schedule Revised mailed DNR and Moark 2/13/07; Ptrs 4/16/07; reply 5/15/07. sh 2007-01-23 12:27:00
Closed-Recommended Decision - DNR-Water sh 2008-02-19 09:57:00
Certified to Board sh 2008-03-03 08:51:00
Case Documents
ID Type Comments Date Received
16656375 Complaint Filed - Fax by Rick Bussey rb 2005-11-01 13:30:00
16656700 Correspondence
16659551 Complaint Filed by Diane M. Long rb. 2005-11-16 09:45:00
16660821 Complaint Filed by Lee and Donna Van Otterloo. nb 2005-11-28 09:15:00
16660827 Complaint Filed by Dawn and Lavaun Bushnell. nb 2005-11-28 09:30:00
16661088 Complaint Filed - Fax by SWMCALME - Southwest Missouri Citizens Against Local Moark Expansion. nb 2005-11-28 11:45:00
16661091 Hard Copy filed of Complaint by SWMCALME. nb 2005-11-29 09:15:00
16661261 Answer - Respondent filed nb 2005-11-29 16:30:00
16661263 Motion filed by Respondent nb 2005-11-29 16:30:00
16663602 Correspondence
16664083 Request to Change Hearing Location filed by Party, SWMCALME, by Fax. nb 2005-12-14 15:00:00
16665049 Copy of correspondence filed by State Representative Kevin Wilson - support of moving hearing to Neosho area. (by Fax) nb 2005-12-19 16:45:00
16665658 Motion to Intervene filed by Moark Productions, Inc. nb 2005-12-21 14:30:00
16665885 Correspondence
16666010 Request to Change Hearing Location filed by Rick Bussey, by Fax. nb 2005-12-22 15:45:00
16667963 Affidavit filed of Mark Adams about SWMCALME stating that it is unincorporated. (by Fax) nb 2006-01-03 13:15:00
16668469 Hard Copy filed of Affidavit of Mark Adams about SWMCALME stating that it is unincorporated. nb 2006-01-05 13:30:00
16669136 Request for time to respond to all pleadings and requests for change of venue by Intervenor Moark. (by Fax) nb 2006-01-09 15:30:00
16669483 Hard Copy filed of Respondents Request for time to respond to all pleadings and requests for change of venue by Intervenor Moark. nb 2006-01-11 10:15:00
16670957 Correspondence
16673413 Response filed by Mark Adams stating people listed wish to remain part of the case, members of SWMCALME. nb 2006-01-31 09:30:00
16673685 Request for Extension of time to file response to Order dated 1/18/06. Wish to remain party to case filed by James Robert Carter, Jr. (by Fax) nb 2006-02-01 09:00:00
16673686 Request for Extension of time to file response to Order dated 1/18/06. Wish to remain party to case filed by Mark Adams. (by Fax) nb 2006-02-01 09:00:00
16673687 Request for Extension of time to file response to Order dated 1/18/06. Wish to remain party to case filed by Peter Boyt. (by Fax) nb 2006-02-01 09:00:00
16673771 Request for Extension of time to file response to Order dated 1/18/06. Wish to remain party to case filed by Leroy A. VanOtterloo. (by Fax) nb 2006-02-01 11:30:00
16673797 Request for Extension of time to file response to Order dated 1/18/06. Wish to remain party to case filed by Richard Betz. (by Fax) nb 2006-02-01 12:00:00
16673849 Request for Extension of time to file response to Order dated 1/18/06. Wish to remain party to case filed by Dwayne W. Miller. (by Fax) nb 2006-02-01 15:00:00
16674238 Request for Extension of time to file response to Order dated 1/18/06. Wish to remain party to case filed by David Boyt. (by Fax) nb 2006-02-03 08:30:00
16674423 Correspondence
16674800 Correspondence in support of being a Petitioner, by Rick Bussey. (by Fax) nb 2006-02-06 14:00:00
16676019 Motion for Ext of Time to File Answer filed by Respondent. nb 2006-02-14 14:00:00
16676100 Correspondence
16676525 Request to Change Hearing Location filed by Dwayne W. Miller, by Fax. nb 2006-02-16 12:30:00
16676637 Request to Change Hearing Location filed by Richard Betz, by Fax. nb 2006-02-16 16:59:00
16676672 Correspondence
16676809 Request to Change Hearing Location filed by Mark Adams, by Fax. nb 2006-02-17 10:00:00
16676894 Response filed by Respondent to Motion to Intervene by Dwayne W. Miller and James Robert Carter, Jr. nb 2006-02-17 12:00:00
16676899 Response filed by Respondent to Requests for Change of Venue. nb 2006-02-17 12:00:00
16677034 Request to Change Hearing Location filed by by David Boyt - by FAX - ds 2006-02-17 16:14:00
16677090 Objections filed by Respondent-Intervenor Moark and Suggestions in Opposition to Motions to Intervene. nb 2006-02-21 09:00:00
16677091 Motion for Extension of Time filed by Respondent-Intervenor Moark to file Answer and Other Pleadings. nb 2006-02-21 09:00:00
16677092 Objections filed by Respondent-Intervenor Moark to Change of Venue and Suggestions in Opposition to Request for a change of venue. nb 2006-02-21 09:00:00
16677611 Response filed by Respondent to (DNR)- Motion to Extend time to file an answser and other pleadings. nb 2006-02-21 10:00:00
16677612 Response filed by Respondent to (DNR) Objection to change of venue and suggestions in oppostion to request for a change of venue and to Moarks objection and suggestions in opposition to motions to intervene. nb 2006-02-21 10:15:00
16677618 Correspondence
16678283 Amended Answer filed by Respondent DNR. nb 2006-02-24 15:45:00
16678285 Answer - Intervenor filed and Motion to Dismiss. nb 2006-02-24 16:43:00
16679556 Motion to Relocate filed by Respondent-Intervenor, Requesting the hearing be held in Springfield, MO. (by Fax) nb 2006-03-02 09:00:00
16680025 Hard Copy filed by Respondent-Intervenor, Motion Requesting the hearing be held in Springfield, MO. nb 2006-03-02 16:51:00
16680775 Correspondence
16681860 Returned Mail Received - Order dated 3/7/06 addressed to SWMCALME marked Not deliverable as addressed, unable to forward. nb 2006-03-13 13:31:00
16683345 Response filed by Petitioner to Motion to Strike and Motion to Dismiss. (by Fax from Mark Adams) nb 2006-03-20 09:55:00
16683662 Response filed by Petitioner to Motion to Strike and Motion to Dismiss. (by Fax from Peter M. Boyt) nb 2006-03-20 16:45:00
16685891 Response filed by Respondent-Intervenor Moark to Responses to Motion to Strike and Motion to Dismiss. nb 2006-03-29 16:45:00
16687900 Correspondence
16689659 Correspondence in support of hearing being set soon, by State Representative Kevin Wilson, District 130. nb 2006-04-18 14:58:00
16690257 Correspondence
16690827 Response filed by Mark Adams to Motion to set hearing in Springfield MO. (by Fax) nb 2006-04-24 15:45:00
16690828 Response filed by Peter M. Boyt and David A. Boyt to Motion to set hearing in Springfield MO. (by Fax) nb 2006-04-25 08:21:00
16691315 Correspondence
16703778 Certificate of Serv filed by Respondent of First Set of Interrogatories and First Request for Production of Documents sent to Mark Adams, Richard Betz, David Boyt, Peter Boyt, Rick Bussey, James Robert Cartner, Dwayne W. Miller and LeRoy A. VanOtterloo 6/14/06. nb 2006-06-14 10:15:00
16714898 Request for Confirmation of remaining Petitioners associated with case, filed by Intervenor. nb 2006-07-26 16:16:00
16716495 Correspondence
16716658 Notice to Take Deposition filed and Request to Produce Documents by Intervenor, of Leroy A. VanOtterloo 8/18/06 at 3:30pm. nb 2006-08-02 16:45:00
16716659 Notice to Take Deposition filed and Request to Produce Documents by Intervenor, of Dwayne W. Miller 8/18/06 at 2:00pm. nb 2006-08-02 16:45:00
16716660 Notice to Take Deposition filed and Request to Produce Documents by Intervenor, of Richard Betz 8/18/06 at 12:30pm. nb 2006-08-02 16:45:00
16716663 Notice to Take Deposition filed and Request to Produce Documents by Intevenor, of David Boyt 8/18/06 at 11:00am. nb 2006-08-02 16:45:00
16716665 Notice to Take Deposition filed and Request to Produce Documents by Intervenor, of James Robert Carter, Jr. 8/18/06 at 9:30 am. nb 2006-08-02 16:45:00
16716666 Notice to Take Deposition filed and Request to Produce Documents by Intervenor, of Peter Boyt 8/18/06 at 8:00am. nb 2006-08-02 16:45:00
16716667 Notice to Take Deposition filed and Request to Produce Documents by Intervenor, of Rick Bussey 8/17/06 at 3:00pm. nb 2006-08-02 16:45:00
16716668 Notice to Take Deposition filed and Request to Produce Documents by Intervenor, of Mark Adams 8/17/06 at 1:00pm. nb 2006-08-02 16:45:00
16717485 Motion to Compel Discovery filed by Resp directed to the Non-responding Petitioners. nb 2006-08-07 16:39:00
16717487 Motion to Compel filed by Respondent, Supplemental and Complete Responses directed to the Responding Petitioners. nb 2006-08-07 16:45:00
16717694 Correspondence
16718787 Notice filed of Dismissal by Mark Adams. (by Fax) nb 2006-08-14 14:11:00
16718798 Response filed by Intervenor James R. Carter, Jr. to Motion to Compel. nb 2006-08-14 14:24:00
16718804 Notice filed of Dismissal by Dwayne W. Miller. (by Fax) nb 2006-08-14 14:25:00
16719646 Correspondence filed by Party Rick Bussey to advise he will turn over documents to AG's office at Depo. on 8/17/06 in Springfield -by FAX- ds 2006-08-17 09:18:00
16719838 Certificate of Serv - Answers filed to interrogatories, filed by Leroy Van Otterloo by fax. sh 2006-08-17 14:59:00
16719931 Response filed by Peter Boyt, to the Motion to Strike and Motion to Dismiss, filed by fax. sh 2006-08-17 16:09:00
16719947 Correspondence filed by Petitioner Richard Betz, stating he will appear in Springfield for deposition 8/18/06, filed by fax. sh 2006-08-17 16:14:00
16719973 Correspondence
16720149 Response filed by David Boyt to the Motion to Strike and Motion to Dismiss, filed by fax. sh 2006-08-18 11:54:00
16720606 Amended Notice filed by Petitioner (Moark) of Deposition and Request to Produce Documents of Leroy VanOtterloo. sh 2006-08-21 07:45:00
16720607 Amended Notice filed by Petitioner (Moark) of Deposition and Request to Produce Documents of David Boyt. sh 2006-08-21 07:45:00
16720608 Amended Notice filed by Petitioner (Moark) of Deposition and Request to Produce Documents of Richard Betz. sh 2006-08-21 07:45:00
16725799 Certificate of Serv filed by David Boyt of Interrogatories/Production of Documents mailed served 8/25/06. nb 2006-09-14 11:54:00
16725850 Certificate of Serv filed by David Boyt of Interrogatories/Production of Documents mailed served 8/25/06. (arrived in separate envelope and is slightly different that previous document) nb 2006-09-14 13:19:00
16725851 Notice filed of by David Boyt, Expert Witness Dwayne Miller and Riley Needham may be called at hearing. nb 2006-09-14 13:21:00
16727920 Certificate of Serv filed by Intervenor Moark Productions, Inc. of Objections and Answers to David Boyts first interrogatories mailed 9/22/06. nb 2006-09-25 08:53:00
16728194 Certificate of Serv filed by Respondent DNR, of Response to David Boyts first set of interrogatories mailed 9/25/06. nb 2006-09-25 16:57:00
16728488 Returned Mail Received copies of David Boyts notices sent to SWMCALME marked Not Deliverable as Addressed. nb 2006-09-27 09:00:00
16728585 Subpoena Duces Tecum filed by Appellants to Tony Dohman(?) to appear at the hearing 9/28-29/06. nb 2006-09-27 14:40:00
16729000 Subpoena Duces Tecum filed by Appellants to Mark Rader of MDNR to appear at the hearing 9/28-29/06. nb 2006-09-29 08:43:00
16729244 Subpoena Duces Tecum filed by Rick Bussey (via St. Louis County Sheriffs dept.) for Randy Kixmiller marked Not found in St. Louis County. nb 2006-10-02 08:53:00
16729245 Subpoena Duces Tecum filed by Appellants for Dan Hodgens of Moark. (sent in by Newton County Sheriffs dept.) nb 2006-10-02 08:56:00
16729246 Subpoena Duces Tecum filed by Appellants for David Allison of DNR. (sent in by Newton County Sheriffs dept.) nb 2006-10-02 08:59:00
16729247 Subpoena Duces Tecum filed by Appellants for George Parsons of DNR. (sent in by Newton County Sheriffs dept.) nb 2006-10-02 09:00:00
16729248 Subpoena Duces Tecum filed by Appellants for Cammille Dobler of DNR. (sent in by Newton County Sheriffs dept.) nb 2006-10-02 09:01:00
16729368 Correspondence
16730282 Notice to Take Deposition filed by DNR of Dwayne Miller and request to produce documents. nb 2006-10-05 16:54:00
16730283 Notice to Take Deposition filed by DNR of Riley Needham and request to produce documents. nb 2006-10-05 16:55:00
16730706 Motion in Limine filed by Intervenor at hearing. nb 2006-09-28 09:45:00
16730707 Motion filed by Intervenor, to Dismiss Appeal filed by Rick Bussey on 11/1/05. nb 2006-09-28 10:25:00
16730708 Motion to Quash filed by Intervenor at hearing. nb 2006-09-28 10:30:00
16730709 Motion in Limine filed by Intervenor at hearing - motion to exclude evidence relating to settlement discussions. nb 2006-09-28 10:35:00
16730802 Certificate of Serv filed by David Boyt of four additional witnesses to testify for Petitioners. nb 2006-10-10 16:48:00
16732369 Correspondence
16733811 Correspondence filed by Party Intervenor about returned mail from P.O. Box for SWMCALME. nb 2006-10-23 16:00:00
16736732 Transcript filed Original, copy and condensed copy by Blake Greenway, CCR (third day of hearing) with 284 pages. nb 2006-11-07 14:58:00
16736742 Transcript filed Original, copy and condensed copy by Blake Greenway, CCR (fourth day of hearing) with 281 pages. nb 2006-11-07 15:29:00
16737785 Transcript filed Volume I dated 9/28/06 by Judy Bartlett of Midwest Litigation Services - 209 pages, 210-237 word lists, Original, Copy and diskette. nb 2006-11-13 11:26:00
16740457 Transcript filed Day 5 (October 24, 2006) by Ashley C. High of Midwest, 276 pages, Original and condensed copy with diskette. nb 2006-11-20 10:53:00
16740995 Transcript filed by Ashley C. High of Midwest Litigation Services - Day 6, 10/25/06. nb 2006-11-21 11:13:00
16741732 Transcript filed Judy Bartlett of Midwest Litigation, 279 pages, Original, copy and disk. (Volume II, day 2) nb 2006-11-27 14:30:00
16741815 Transcript filed Condensed copy with disk of Day 2 from Midwest Litigation. nb 2006-11-28 10:36:00
16741824 Correspondence
16743344 Correspondence filed by Party Closing Statement, by Peter Boyt. (by Fax) nb 2006-12-05 13:05:00
16752227 Motion for Extension of Time filed Jointly by Respondents, to file Briefs and Proposed Findings of Fact and Conclusions of Law. (by Fax) nb 2007-01-23 09:59:00
16752355 Correspondence
16752507 Hard Copy filed of Motion for Extension of Time Jointly by Respondents, to file Briefs and Proposed Findings of Fact and Conclusions of Law. nb 2007-01-23 16:11:00
16756563 Brief filed by Respondent DNR. nb 2007-02-13 16:00:00
16756564 Brief filed by Respondent Moark. nb 2007-02-13 16:00:00
16768546 Proposed Findings of Fact and Brief filed by Intervenor James R. Carter Jr., by Fax. nb 2007-04-09 14:35:00
16768743 Hard Copy filed of Proposed findings of fact, conclusions of law and brief of James R. Carter, Jr. (by Certified mail received 4/10/07) nb 2007-04-09 15:30:00
16769672 Motion filed by Respondent-Intervenor for Ruling with respect to the admissibility of Riley Needhams testimony as an expert witness. nb 2007-04-13 16:33:00
16769820 Proposed Findings of Fact and Brief filed by Leroy A. VanOtterloo. nb 2007-04-16 10:42:00
16769821 Proposed Findings of Fact and Brief filed by Rick Bussey. nb 2007-04-16 10:47:00
16769824 Proposed Findings of Fact and Brief filed by Richard Betz. nb 2007-04-16 10:54:00
16769825 Proposed Findings of Fact and Brief filed by Peter Boyt. nb 2007-04-16 10:55:00
16769832 Proposed Findings of Fact and Brief filed by David Boyt. nb 2007-04-16 10:57:00
16769835 Proposed Findings of Fact and Brief filed Second by David Boyt, to supersede first one. nb 2007-04-16 11:05:00
16773075 Response filed by Peter Boyt to Moarks motion regarding Riley Needhams testimony. nb 2007-04-30 11:45:00
16774485 Response filed by Respondent-Intervenor in reply to Petitioners response to motion for ruling with respect to the admissibility of Riley Needhams testimony as an expert witness. nb 2007-05-04 16:53:00
16775148 Correspondence
16808390 Copy of correspondence filed by CWC attorney about receiving recommended decision by certain date. nb 2007-09-12 09:48:00
16826999 Copy of correspondence filed by CWC about pending Recommended Decision. (by Fax) nb 2007-12-04 10:55:00
16846275 Correspondence
16849850 Correspondence
16897841 Miscellaneous filed by DNR of correspondence to Robert Brundage dated 9/4/08. nb 2008-09-08 16:35:00