Lake Ozark/Osage Beach Joint Sewer Board & Robert Zawislak & John M. Zawislak & Marlene Zawislak & Donald Baker & Judy Taylor & Andrew Zawislak & Jacqueline Atkisson & Vicky Stockman

Case Details
Case Number 11-0903 LRC
Case Type LRC DNR/Land Reclamation Commission
Case Name Lake Ozark/Osage Beach Joint Sewer Board & Robert Zawislak & John M. Zawislak & Marlene Zawislak & Donald Baker & Judy Taylor & Andrew Zawislak & Jacqueline Atkisson & Vicky Stockman
Commissioner Karen A. Winn
Case Status Closed
Date Created 2011-05-18 15:07:22
Date Closed 2013-06-27 08:01:09
Case Appointments
Type Location Attendees Subject Status Begin End
Hearing Set for Truman 850 Karen.Winn@oa.mo.gov; W: #11-0903 LRC Lake Ozark/Osage Beach Joint Sewer Board & Robert Zawislak & John M. Zawislak & Marlene Zawislak & Donald Bake[Richard S. Brownlee, III, Adam R. Troutwine, Steven E. Mauer, Mr. Tim Duggan] Continued 2012-06-25 09:00:00 2012-06-29 17:00:00
Hearing Set for Truman 850 Karen.Winn@oa.mo.gov; W: #11-0903 LRC Lake Ozark/Osage Beach Joint Sewer Board & Robert Zawislak & John M. Zawislak & Marlene Zawislak & Donald Bake[Richard S. Brownlee, III, Adam R. Troutwine, Steven E. Mauer, Mr. Tim Duggan, Melody L. Rayl, S. Jay Dobbs] Held 2012-10-23 09:00:00 2012-10-26 17:00:00
Correspondence
Reason Comments Date Sent Documents
Letter sent to parties scheduling phone conference for 3:00 p.m., June 1, 2011. sh 2011-05-19 10:00:00
Order Issued joint final proposed prehearing order due by June 15, 2011. 2011-06-01 16:05:00
Order Granting Mtn-Leave to Withdraw as Atty Brian McGovern. sh 2011-06-08 07:55:00
Transcript Letter to Pet Non-State Party 2011-06-08 11:32:00
Order Granting Extension of Time parties have until 6/22/11 to file jt proposed final prehearing order. sh 2011-06-13 12:07:00
Order Issued adopting pre-hearing order. sh 2011-07-05 10:09:00
Order Issued parties to notify us by 8/25/11 if they wish to remain parties or be dismissed. sh 2011-07-25 08:14:00
Order Granting Extension of Time for Magruder Limestone Co. to file motion on pre-trial issues. sh 2011-08-09 08:28:00
Objection Letter to Resp sent - ROBDU obj due 8/22/11 to mtn to limit scope of evidence at hearing. sh 2011-08-11 07:41:00
Order Issued any response to DNR's motions to dismiss (filed 8/29/11) due 9/15/11. sh 2011-09-01 15:17:00
Order Issued granting mtn to dismiss Dennis and Linda Croxton and Jerry Vincent as parties. sh 2011-09-21 07:36:00
Order Issued hearing scheduled 9:00 a.m., June 25 - 29, 2012; parties to file designations and proposed evidence by 3/26/12, objections thereto due 4/9/12. sh 2012-03-07 11:49:00
Order Issued responses to mtn to reconsider due 3/20/12. sh 2012-03-12 13:05:00
Prehearing Conference Notice Sent Prehearing conference scheduled for 9:00am, Monday, March 26, 2012, KAW/PHC. ja 2012-03-19 12:41:00
Order Issued hearing continued to 9:00 a.m., October 22-26, 2012; second pre-hrg conference set for 9:00 a.m., August 14, 2012. sh 2012-03-28 08:56:00
Order Issued re: designations of record from prior hrg. sh 2012-06-15 11:31:00
Order Issued scheduling order for discovery and depositions. sh 2012-08-15 09:58:00
Objection Letter to Pet sent response due 9/12/12 vh 2012-09-07 11:23:00
Order Issued Magruder's motion for continuance denied. ja 2012-09-13 10:01:00
Resent 9/7/12 attorney letter. ja 2012-09-15 10:29:00
Objection Letter to Resp sent - ROBDU (to applicant) obj due 10/4/12 to mtn to strike witnesses. sh 2012-09-27 08:04:00
Objection Letter to Resp sent - ROBDU obj due 10/10/12 to mtn for discovery sanctions. sh 2012-10-03 08:07:00
Objection Letter to Resp sent - ROBDU obj due 10/16/12 to mtn in limine. sh 2012-10-12 11:55:00
Hearing Notice sent-noh conference call 9:00, Thursday, October 18, 2012. sh 2012-10-17 13:43:00
Order Issued denying Pet's mtn in limine. sh 2012-10-18 12:33:00
Order Issued ruling on objections to deposition designations. sh 2012-10-18 12:34:00
Hearing Notice sent-noh amended, 9:00 a.m., Tuesday, Oct. 23, 2012 through Friday, Oct. 26, 2012, KAW/Truman Rm. 850. sh 2012-10-18 15:46:00
Objection Letter to Resp sent - ROBDU (to Magruder)obj due 11/29/12 to mtn to strike. sh 2012-11-15 10:58:00
Briefing Schedule mailed simultaneous briefs due 12/24/12; replies 1/23/13. sh 2012-11-28 11:25:00
Order Issued denying mtn to strike; overruling obj to deposition testimony. sh 2012-12-05 13:21:00
Order Granting Extension of Time reply briefs now due 1/25/13. sh 2013-01-23 14:52:00
Order Issued any further briefing to be filed by 6/19/13. sh 2013-06-06 12:47:00
Closed-Recommended Decision - DNR-LRC sh 2013-06-27 08:01:00
Case Documents
ID Type Comments Date Received
17131545 Complaint Filed sh 2011-05-12 00:00:00
17131556 Correspondence
17134233 Miscellaneous filed by Petitioner correspondence re: telephone conference. vh 2011-05-26 11:04:00
17136326 Correspondence
17137782 Motion to Withdraw as Attorney filed by Brian McGovern. sh 2011-06-03 00:00:00
17138932 Correspondence
17139155 Transcript filed Lake Ozark v. DNR/LRC;bjb 2011-06-08 11:31:00
17139158 Correspondence
17139595 Response filed by intervenor for additional time to submit joint proposed prehearing order. vh 2011-06-09 13:10:00
17140233 Correspondence
17145365 Miscellaneous filed joint proposed pre-hearing order vh 2011-06-22 00:00:00
17149531 Correspondence
17152070 Notice filed of pro-se petitioners who were formerly represented by counsel brian mcgovern filed by respondent vh 2011-07-08 00:00:00
17156773 Correspondence
17159562 Suggestions in Support filed by Petitioner of petitioner joint sewer board's motion to permit unrepresented petitioners to appear and be heard, present evidence at hearing and allocate burden to applicant vh 2011-08-01 00:00:00
17159563 Motion filed by Petitioner to permit unrepresented petitioners to appear and be heard, present evidence at hearing and allocate burden to applicant vh 2011-08-01 00:00:00
17159678 Response filed by Petitioner to intervenor's, Magruder Limestone Co., Inc's, motion for extension of time vh 2011-08-02 10:50:00
17160603 Returned Mail Received - Order no mail receptacle vh 2011-08-02 00:00:00
17160722 Notice of Dismissal filed by Joseph M. Bax vh 2011-08-04 11:16:00
17160871 Notice of Intent filed by joint sewer board to remain a party in this cause of action vh 2011-08-04 14:35:00
17161633 Motion filed for extension of time to file pre-hearing issues filed by intervenor, Magruder Limestone, Co., Inc vh 2011-08-08 10:36:00
17161939 Motion filed to limit scope of evidence at hearing filed by intervenor, Magruder Liestone, Co., Inc vh 2011-08-08 14:55:00
17162114 Correspondence
17162843 Correspondence
17165164 Notice of Intent filed by respondent, Mike Larsen, dir of Land Reclamation Program, Mo Dept of Natural Resources, of intent to remain a party in this case vh 2011-08-17 16:25:00
17165840 Notice of Intent filed by Jack Farris stating to be dismissed from case vh 2011-08-19 11:46:00
17165841 Notice of Intent filed by Barbara Farris stating to be dismissed from case 2011-08-19 11:47:00
17166441 Notice of Intent filed by magruder limestone co., inc to remain a party in this cause of action 2011-08-22 15:20:00
17166442 Notice of Intent filed by Andrew Zawislak to remain a party in this case. vh 2011-08-22 15:21:00
17166443 Notice of Intent filed by Judy Taylor to remain a party in case vh 2011-08-22 15:22:00
17166444 Notice of Intent filed by Donald Baker to remain a party in this case vh 2011-08-22 15:23:00
17166445 Notice of Intent filed by Marline Zawislak to remain a party in this case vh 2011-08-22 15:24:00
17166446 Notice of Intent filed by John M. Zawislak to remain a party in this case vh 2011-08-22 15:25:00
17166447 Notice of Intent filed by Jerry Vincent to remain a party in this case vh 2011-08-22 15:28:00
17166448 Notice of Intent filed by Robert Zawislak to remain a party in the case vh 2011-08-22 15:29:00
17167686 Notice of Intent filed by Dennis Croxton of intent to remain a party of this case vh 2011-08-25 11:11:00
17167687 Notice of Intent filed by Linda Croxton of intent to remain a party of this case vh 2011-08-25 11:12:00
17167688 Notice of Intent filed by Larry Stockman of intent to remain a party in this case vh 2011-08-25 11:12:00
17167689 Notice of Intent filed by Vicky Stockman of intent to remain a party in this case vh 2011-08-25 11:13:00
17167690 Notice of Intent filed by Michael C. Atkisson of intent to remain a party to this case vh 2011-08-25 11:14:00
17167692 Notice of Intent filed by Jacqueline Atkisson of intent to remain a party in this case vh 2011-08-25 11:15:00
17168678 Response filed by Respondent to the joint sewer board's motion to permit unrepresented petitioners to appear and be heard; and, motion to dismiss Jerry Vincent and Dennis and Linda Croxton as parties because they were dismissed from the initial proceedings and did not seek judicial review of their dismissal; and, motion to dismiss parties who were formerly represented by Brian McGovern and did not timely file notice of intent to remain parties filed by respondent 2011-08-29 15:44:00
17169505 Correspondence
17169885 Response filed by petitioner joint sewer board in opposition to applicant's motion to limit scope of evidence at hearing vh 2011-09-01 13:14:00
17169938 Response filed by intervenor, Magruder Limestone Co., Inc., in opposition to petitioner's motion to permit unrepresented petitioners to appear and be heard, present evidence at hearing and allocate burden to applicant vh 2011-09-01 14:06:00
17171597 Returned Mail Received - Order Michael and Jacqueline Atkisson - Attempted - Not Known 2011-09-08 11:53:00
17173986 Response filed by Magruder Limestone Co., Inc. (Intervenor) to respondent's motion to dismiss Jerry Vincent and Dennis and Linda Croxton and motion to dismiss parties formerly represented by Brian McGovern who did not timely file notice of intent to remain parties and intervenor's reply to joint sewer board's response in opposition to intervenor's motion to limit scope of evidence at hearing vh 2011-09-15 00:00:00
17173994 Response filed by Petitioner to response and motion filed by respondent, department of natural resources vh 2011-09-15 00:00:00
17173995 Response filed by Petitioner to MaGruder Limestone Co., Inc, 2011-09-15 00:00:00
17174964 Correspondence
17175868 Correspondence filed by Petitioner requesting clarification of briefing schedule vh 2011-09-22 00:00:00
17177683 Returned Mail Received - Order no mail receptacle (Michael and Jacqueline Atkisson) vh 2011-09-28 00:00:00
17214557 Notice filed of delivered records respondent sm 2012-02-16 14:40:00
17218113 Correspondence filed by Petitioner and request update and request copies of correspondence sm 2012-02-29 00:00:00
17219183 Correspondence
17220101 Motion for Reconsideration filed by Respondent and modify march 7 order that imposes burden of proof on respondent sm 2012-03-09 15:47:00
17220358 Correspondence
17221912 Motion filed Intervenor - motion requesting a conference in person to discuss hearing sm 2012-03-16 13:59:00
17222244 Correspondence
17222842 Response filed by applicant's response in support of respondent's motion to reconsider and modify the March 7th order that imposes the burden of proof on respondent sm 2012-03-20 00:00:00
17222845 Motion for Continuance filed by Petitioner sm 2012-03-20 00:00:00
17222858 Response filed by Petitioner to respondent's motion to reconsider the March 7th order sm 2012-03-20 00:00:00
17223499 Returned Mail Received - Order return to sender sm 2012-03-22 14:29:00
17224874 Correspondence
17224945 Returned Mail Received - Hearing Notice notice of pre-hearing conference return to sender sm 2012-03-27 00:00:00
17224946 Returned Mail Received - Hearing Notice notice of pre-hearing conference return to sender sm 2012-03-27 00:00:00
17227770 Returned Mail Received - Order return to sender sm 2012-04-09 16:42:00
17229470 Exhibit filed by Respondent respondent's designation of 1st hearing testimony and exhibit used in the 1st hearing sm 2012-04-16 00:00:00
17229663 Miscellaneous filed by Petitioner designation of portions of record from 2008 hearing sm 2012-04-16 00:00:00
17229739 Miscellaneous filed applicant's record designations from 2008 hearing sm 2012-04-16 00:00:00
17235314 Motion filed applicant's motion to extend deadline for submission of witness list and objections to desgnations of 2008 record sm 2012-05-07 00:00:00
17235323 Objection filed by Petitioner to petitioner's objection to applicant's record disgnations from 2008 hearing sm 2012-05-07 00:00:00
17235324 Additional Information filed by Petitioner petitioner's joint sewer board's description of additional testimoney and witness list sm 2012-05-07 00:00:00
17236614 Correspondence filed by Party applicant's witness list sm 2012-05-11 00:00:00
17236615 Objections filed by applican'ts objections to joint sewer board petitioner's designations of portions of record from 2008 hearing sm 2012-05-11 00:00:00
17242635 Miscellaneous filed intervenor sm 2012-06-04 14:37:00
17242636 Miscellaneous filed intervenor - applicant's witness list sm 2012-06-04 14:38:00
17246124 Correspondence
17259802 Entry of Appearance filed applicant - S. Jay Dobbs sm 2012-08-03 00:00:00
17259813 Notice to Take Deposition filed May Penny A. Lyones Richard King Nicholas Edelman Gary F. Hutchcraft Mike Atkisson sm 2012-08-03 00:00:00
17263029 Correspondence
17263093 Certificate of Serv filed petitioner sm 2012-08-15 13:50:00
17263263 Notice to Take Deposition filed Kenneth Voss Todd Braden Gary Prewitt sm 2012-08-15 00:00:00
17263671 Notice to Take Deposition filed sm 2012-08-16 00:00:00
17265033 Notice to Take Deposition filed sm 2012-08-22 13:19:00
17265034 Certificate of Serv filed sm 2012-08-22 13:20:00
17268729 Motion filed motion for continuance filed by applicant magruder limestone co. inc sm 2012-09-07 11:02:00
17268745 Correspondence to motion for continuance
17268782 Miscellaneous filed applicant sm 2012-09-07 13:29:00
17270149 Response filed by Petitioner to petitioner's opposition to applicants motion for continuance of hearing sm 2012-09-12 16:21:00
17270233 Request filed by Petitioner petitioner's request that motion for continuance be delayed until after 9/24 sm 2012-09-12 00:00:00
17270244 Correspondence
17270650 Returned Mail Received - Attorney Letter return to sender sm 2012-09-14 11:22:00
17271129 Hard Copy filed by Petitioner sm 2012-09-17 13:40:00
17272177 Certificate of Serv filed applicant sm 2012-09-19 00:00:00
17272245 Notice to Take Deposition filed petitioner sm 2012-09-20 15:42:00
17272246 Notice to Take Deposition filed petitioner sm 2012-09-20 15:43:00
17273626 Entry of Appearance filed by Melody L. Rayl, Petitioner. ja 2012-09-24 00:00:00
17273627 Motion to Strike filed (1 of 2) by Petitioner Joint Sewer Board, to strike witnesses. ja 2012-09-24 00:00:00
17273628 Motion to Strike filed (2 of 2) by Petitioner Joint Sewer Board, to strike witnesses. ja 2012-09-24 00:00:00
17273629 Certificate of Serv filed Petitioner Lake Ozark-Joint Sewer Board's responses to Applicant's requests for production of documents. ja 2012-09-26 13:18:00
17273728 Correspondence
17274146 Returned Mail Received - Order 9/13/12 order, return to sender, attempted-not known, unable to forward. ja 2012-09-24 00:00:00
17274150 Returned Mail Received - Order 9/13/12 order, return to sender, attempted-not known, unable to forward. ja 2012-09-24 00:00:00
17274157 Returned Mail Received - Objection Letter 9/7/12, return to sender, not deliverable as addressed, unable to forward. ja 2012-09-24 00:00:00
17275048 Correspondence filed by Petitioner sm 2012-10-02 13:11:00
17275080 Motion for Sanctions filed by Petitioner scanned in 2 parts sm 2012-10-02 14:27:00
17275081 Motion for Sanctions filed by Petitioner scanned in 2 parts sm 2012-10-02 14:27:00
17275216 Correspondence
17275878 Response filed by applicant - in opposition to petitioner's motion to strike sm 2012-10-04 16:15:00
17275922 Response filed by Petitioner to in further support of it's motion to strike witness sm 2012-10-05 09:17:00
17276544 Notice to Take Deposition filed petitioner - joint sewer boards deposition designations sm 2012-10-09 00:00:00
17276553 Notice to Take Deposition filed sm 2012-10-09 00:00:00
17276568 Notice to Take Deposition filed deposition designations - scanned in 2 parts sm 2012-10-09 00:00:00
17276572 Notice to Take Deposition filed deposition designtions - scanned in 2 parts sm 2012-10-09 00:00:00
17277407 Certificate of Serv filed applicant sm 2012-10-10 00:00:00
17277408 Certificate of Serv filed applicant sm 2012-10-10 00:00:00
17277409 Certificate of Serv filed applicant sm 2012-10-10 00:00:00
17277411 Memorandum in Opposition to applicant's memorandum in opposition to petitioner's joint sewer board's motion for discovery sanctions sm 2012-10-10 00:00:00
17277606 Certificate of Serv filed petitioner sm 2012-10-11 14:52:00
17277774 Response filed by Petitioner to petitioner's reply in further support of its motion for discovery sanctions sm 2012-10-11 00:00:00
17277775 Motion in Limine filed by petitioner's motion in limine to exlude testimony by applicant magruder's designated expert witnesses sm 2012-10-12 09:04:00
17277900 Correspondence
17278217 Notice to Take Deposition filed Gary Prewitt and Kenneth Voss sm 2012-10-12 00:00:00
17278634 Certificate of Serv filed petitioner sm 2012-10-16 15:48:00
17278834 Objections filed by applicant's objections to joint sewer board's deposition designations sm 2012-10-16 00:00:00
17278839 Memorandum in Opposition to applicant - to petitioner's motion in limine to exclude testimony by applicant sm 2012-10-16 00:00:00
17279092 Correspondence
17279300 Certificate of Serv filed applicant sm 2012-10-17 00:00:00
17279343 Correspondence filed by Petitioner copy of petitioner correspondence and subpoenas sm 2012-10-18 09:20:00
17279347 Transcript filed intervenor - David Dressler's 10/15/12 transcript scanned in 2 parts sm 2012-10-18 09:22:00
17279351 Transcript filed intervenor - David Dressler's 10/15/12 transcript scanned in 2 parts sm 2012-10-18 09:23:00
17279355 Deposition filed applicant - supplmental deposition designation David Dressler sm 2012-10-17 00:00:00
17279457 Correspondence
17279459 Correspondence
17279523 Correspondence
17279616 Withdrawal petitioner - of notice of deposition and subpoena of kenneth voss sm 2012-10-18 00:00:00
17279762 Certificate of Serv filed applicant sm 2012-10-19 13:27:00
17279781 Brief filed by Petitioner trial brief sm 2012-10-19 14:07:00
17280146 Motion to Strike filed applicant - motion to strike petitioner's trial brief sm 2012-10-22 14:37:00
17280164 Additional Information filed by Petitioner sm 2012-10-22 15:46:00
17281017 Deposition filed applicant's supplemental deposition designation - David W. Dressler sm 2012-10-15 00:00:00
17282922 Additional Information filed by Respondent recent judgment, notice of appearl scanned in 3 parts sm 2012-10-31 00:00:00
17282923 Additional Information filed by Respondent recent judgment, notice of appeal scanned in 3 parts sm 2012-10-31 00:00:00
17282924 Additional Information filed by Respondent 2012-10-01 00:00:00
17282925 Additional Information filed by Respondent recent judgment, notice of appeal - scanned in 3 parts sm 2012-10-31 00:00:00
17284699 Notice filed of applicants notice of filing sm 2012-11-07 00:00:00
17284700 Deposition filed applicant's deposition of Dr. Paul Worsey sm 2012-11-07 00:00:00
17284701 Deposition filed applicant's 2nd supplemental deposition designation of David Dressler sm 2012-11-07 00:00:00
17286164 Objection filed by Petitioner to to deposition designations of Dr. Paul Worsey sm 2012-11-14 00:00:00
17286165 Motion to Strike filed petitioner's motion to strike applicant's notice of filing purported lease agreement scanned in 2 parts sm 2012-11-14 00:00:00
17286166 Motion to Strike filed petitioner's motion to strike applicant's notice of filing purported lease agreement scanned in 2 parts sm 2012-11-14 00:00:00
17286214 Correspondence
17287394 Transcript filed rec'd 11/15/12 Midwest Litigation Volumes I thru VI sm 2012-11-14 00:00:00
17287395 Transcript filed rec'd 11/16/12 Midwest Litigation Volumes VII thru VIII sm 2012-11-15 00:00:00
17288218 Affidavit filed by Petitioner sm 2012-11-26 15:32:00
17288605 Transcript filed rec'd 11/21/12 midwest litigation Vol IX sm 2012-11-19 00:00:00
17288746 Correspondence
17289280 Response filed by applicant - to petitioner's objections to deposition designations of Dr. Paul Worsey sm 2012-11-29 15:43:00
17289282 Memorandum in Opposition to applicant - to petitioner's motion to strike lease agreement sm 2012-11-29 15:46:00
17290772 Correspondence
17295678 Proposed Find of Fact/Concl of Law filed by applicant - scanned in 2 parts sm 2012-12-24 00:00:00
17295679 Proposed Find of Fact/Concl of Law filed by applicant - scanned in 2 parts sm 2012-12-24 00:00:00
17295686 Brief filed by Petitioner sm 2012-12-24 00:00:00
17295687 Proposed Find of Fact/Concl of Law filed by petitioner - scannned in 3 parts sm 2012-12-24 00:00:00
17295688 Proposed Find of Fact/Concl of Law filed by petitioner - scanned in 3 parts sm 2012-12-24 00:00:00
17295689 Proposed Find of Fact/Concl of Law filed by petitioner - scanned in 3 parts sm 2012-12-24 00:00:00
17295738 Deposition filed petitioner - scanned in 4 parts sm 2012-12-24 00:00:00
17295739 Deposition filed petitioner - scanned in 4 parts sm 2012-12-24 00:00:00
17295740 Deposition filed petitioner - scanned in 4 parts sm 2012-12-24 00:00:00
17295741 Deposition filed petitioner - scanned in 4 parts sm 2012-12-24 00:00:00
17302207 Motion for Extension of Time filed joint motion for extension of time to file reply brief sm 2013-01-22 00:00:00
17302484 Correspondence
17303278 Response filed by applicant to brief regarding evidence taken w/the case sm 2013-01-25 00:00:00
17303279 Response filed by applicant to proposed findngs of fact and conclusions of law sm 2013-01-25 00:00:00
17303280 Response filed by Petitioner to scanned in 2 parts - applicant's proposed findings of fact and conclustions of law sm 2013-01-28 10:34:00
17303281 Response filed by Petitioner to scanned in 2 parts - applicant's proposed findings of fact and conclusions of law sm 2013-01-28 10:35:00
17303284 Reply Brief filed by Petitioner regarding evidence taken w/the case sm 2013-01-28 10:40:00
17341734 Additional Information filed by Petitioner supplemental briefing regarding authority of commission to amend permit application sm 2013-06-03 15:23:00
17342808 Correspondence
17347219 Response filed by applicant - to petitioner's supplemental briefing regarding authority of commission to amend permit application sm 2013-06-19 16:05:00
17349469 Correspondence