Division of Administrative Hearings, Florida
Filed: Jul. 23, 2007
On July 23, 2007, Petitioners filed a Petition and Request for Hearing (the petition) with the Division of Administrative Hearings (DOAH). The petition was filed “pursuant to Sections 163.3187(3)(a), 120.569 and 120.57, Florida Statutes (2005),” and challenged the small scale comprehensive plan amendment adopted by the City of New Smyrna Beach (City) through Ordinance No. 25-07.The petition challenging the small scale comprehensive plan amendment was untimely because it was filed 33 days after the amendment was adopted and equitable tolling did not apply. Recommend dismissal of the petition.
