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Borrow Pit Opponents Lose Appeal

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By B.C. MANION | The Tampa Tribune,

Published: October 3, 2008

LUTZ - Stephen J. Dibbs plans to dig a massive hole on Lutz-Lake Fern Road and to cart the dirt away to construction and road projects – and two appeals related to the project were resolved Friday.

One appeal, filed by the Keystone and Lutz civic associations, asserted that due process violations occurred during the pit's approval process. Tom Aderhold, president of the Keystone Civic Association, asked the appeals board to require another hearing to ensure a fair process.

Association member Barbara Dowling also said the land use hearing officer failed to adequately consider the impacts that the pit's dust, noise and vibrations will have on nearby neighbors. She said the hearing officer should be required to give more thought to compatibility issues.

The Hillsborough County Land Use Appeals Board rejected the appeal. They said there was no evidence in the record to suggest the hearing officer erred.

Another appeal, filed by Dibbs, challenged some of the 38 conditions for approval. But Dibbs has withdrawn that appeal and instead has filed a new application to change the conditions he opposes.

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