Petitioner: THOMAS WILEY; G. ANTHONY RISH; SAMUEL F. SLAUGHTER, III; AND LOUISE L. SLAUGHTER
Respondent: SUMTER COUNTY
Judges: D. R. ALEXANDER
Agency: Department of Community Affairs
Locations: Bushnell, Florida
Filed: Aug. 11, 1999
Status: Closed
Recommended Order on Monday, January 10, 2000.
Latest Update: May 23, 2000
Summary: The issue is whether the small scale development amendment adopted by the County by Ordinance No. 99-15 on May 11, 1999, is in compliance.Where small-scale amendment involved 10.007 acres, it exceeded the 10.00-acre statutory threshold and could not be approved.
Order.PDFSTATE OF FLORIDA ADMINISTRATION COMMISSION
THOMAS WILEY; G. ANTHONY RISH; SAMUEL F. SLAUGHTER, III; and LOUISE L. SLAUGHTER
vs.
Petitioners, AC Case No. ACC-20002-002 DOAH Case No. 99-3444GM
SUMTER COUNTY,
Respondent,
and
HI-TECH METALS, INC.,
Intervenor.
/
FINAL ORDER OF DISMISSAL
The Administration Commission ("Commission") hereby dismisses the above cited proceeding pursuant to Sumter County's Suggestion of Mootness filed on March 16, 2000, based upon the following:
On January 12, 2000, the Administration Commission received a Recommended Order issued by the Division of Administrative Hearings in the above cited proceeding. The subject proceeding involves a challenge to the small scale development amendment adopted by Sumter County on May 11, 1999. The small scale development amendment was adopted through Sumter County Ordinance Number 99-15.
On March 15, 2000, Sumter County filed a Suggestion of Mootness notifying the Administration Commission of the repeal of Sumter County Ordinance Number 99-15. The County suggests the repeal of the subject ordinance renders the proceeding before the Administration Commission moot.
On March 24, 2000, the Administration Commission requested the remaining parties to the proceeding; Petitioners
Thomas Wiley, G. Anthony Rish, Samuel F. Slaughter, III, and Louise L. Slaughter and Intervenor Hi-Tech Metals, Inc., to file a response to Sumter County's Suggestion of Mootness on or before April 7, 2000. No responses have been received from the parties as of this date.
Based upon the foregoing, it is hereby ORDERED AND ADJUDGED that the above proceeding is dismissed.
Any party to this order has the right to seek judicial review of the order pursuant to section 120.68, Florida Statutes, by the filing of a Notice of Appeal pursuant to Rule 9.110, Florida Rules of Appellate Procedure, with the Clerk of the Commission, Office of Planning and Budgeting, Executive Office of the Governor, The Capitol, Room 2105, Tallahassee, Florida 32399-0001; and by filing a copy of the Notice of Appeal, accompanied with the applicable filing fees, with the appropriate District Court of Appeal. Notice of Appeal must be filed within 30 days of the day this order is filed with the Clerk of the Commission.
DONE AND ORDERED this 22nd day of May, 2000, in Tallahassee, Florida.
Teresa B. Tinker
for DONNA ARDUIN, Secretary Administration Commission
FILED with the Clerk of the Administration Commission this 22nd day of May, 2000.
Michael S. Atchly, Clerk Administration Commission
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the forgoing was delivered to the following persons by United States Mail or hand delivery this 22nd day of May, 2000.
Honorable Jeb Bush Governor
The Capitol
Tallahassee, Florida 32399
Honorable Robert Milligan Comptroller
The Capitol
Tallahassee, Florida 32399
Honorable Bob Butterworth Attorney General
The Capitol
Tallahassee, Florida 32399
Honorable Bob Crawford Commissioner of Agriculture The Capitol
Tallahassee, Florida 32399
Steven M. Seibert, Secretary Carl Roth, General Counsel Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100
Felix M. Adams, Esquire
138 Bushnell Plaza, Suite 201 Bushnell, Florida 33513-6122
Honorable Katherine Harris Secretary of State
The Capitol
Tallahassee, Florida 32399
Honorable Bill Nelson Insurance Commissioner The Capitol
Tallahassee, Florida 32399
Honorable Tom Gallagher Commissioner of Education The Capitol
Tallahassee, Florida 32399
Daniel Woodring, Esquire Governor's Legal Office The Capitol, Room 209 Tallahassee, Florida 32399
Jimmy D. Crawford, Esquire Hovis, Boyette & Crawford, P.A. Post Office Box 120848 Clermont, Florida 34711-0848
Terry T. Neal, Esquire Terry T. Neal, P.A. Post Office Box 490327
Leesburg, Florida 34749-0327
Florida Administrative Law Reports Post Office Box 385
Gainesville, Florida 32602
Donald R. Alexander Administrative Law Judge
Division of Administrative Hearings The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
Teresa B. Tinker
for DONNA ARDUIN, Secretary Administration Commission
Docket for Case No: 99-003444GM
| Issue Date |
Proceedings |
|
May 23, 2000 |
Final Order of Dismissal filed.
|
|
Mar. 20, 2000 |
(F. Adams) Suggestion of Mootness filed. |
|
Jan. 10, 2000 |
Recommended Order sent out. CASE CLOSED. Hearing held October 27, 1999.
|
|
Dec. 27, 1999 |
Petitioners` Response to Order (filed via facsimile). |
|
Dec. 22, 1999 |
Order sent out. (Petitioners` shall advise in writing within seven days from the date of this order if they are challenging the plan Amendment on the single ground addressed in their post hearing submission) |
|
Dec. 20, 1999 |
Petitioners` Proposed Recommended Order (filed via facsimile). |
|
Dec. 17, 1999 |
Joint Recommended Order of Respondent and Intervenor (filed via facsimile). |
|
Dec. 15, 1999 |
Order sent out. (parties shall have up to 12/20/99 to file proposed findings of fact) |
|
Dec. 13, 1999 |
(Petitioners) Notice of No Objection to Intervenor`s Motion to Extend Time for Filing Recommended Order (filed via facsimile). |
|
Dec. 13, 1999 |
Motion to Extend Time for Filing Recommended Order (Intervenor) (filed via facsimile). |
|
Nov. 18, 1999 |
(T. Neal) Map Exhibit w/cover letter filed. |
|
Nov. 12, 1999 |
Transcript filed. |
|
Oct. 27, 1999 |
CASE STATUS: Hearing Held. |
|
Oct. 25, 1999 |
Amended Witness List of Respondent & Intervenor and Exhibit List of Respondent & Intervenor (filed via facsimile). |
|
Oct. 25, 1999 |
Petitioners` Witness and Exhibit List (filed via facsimile). |
|
Oct. 22, 1999 |
Witness List of Respondent & Intervenor with cover Letter (filed via facsimile). |
|
Sep. 27, 1999 |
Order sent out. (hearing will begin at 10/27; 10:30am; Bushnell) |
|
Sep. 22, 1999 |
Order sent out. (hearing set for 10/27/99; Bushnell; specific time and location will be given at a later date) |
|
Sep. 20, 1999 |
Joint Motion to Postpone Hearing (filed via facsimile). |
|
Sep. 15, 1999 |
Order sent out. (motion to Intervene by Hi-Tech Metals is granted) |
|
Sep. 13, 1999 |
(T. Neal) Notice of Appearance; (Hi-Tech Metals, Inc.) Motion to Intervene filed. |
|
Sep. 07, 1999 |
Order sent out. (DCA is removed as a party) |
|
Sep. 07, 1999 |
Petitioners` Notice of No Objection (filed via facsimile). |
|
Sep. 07, 1999 |
Notice of Hearing sent out. (hearing set for September 27, 1999; 10:30 a.m.; Bushnell, Florida) |
|
Sep. 03, 1999 |
Department of Community Affairs` Motion to Realign the Parties or, in the Alternative, to Dismiss (filed via facsimile). |
|
Aug. 16, 1999 |
Initial Order issued. |
|
Aug. 11, 1999 |
Petition for Administrative; Sumter County Ordiance 99-15; Sumter Board of County Commissioners Final Order on Application for Small Scale Land Use Change filed. |
Orders for Case No: 99-003444GM
| Issue Date |
Document |
Summary |
|
May 22, 2000 |
Agency Final Order
|
|
|
Jan. 10, 2000 |
Recommended Order
|
Where small-scale amendment involved 10.007 acres, it exceeded the 10.00-acre statutory threshold and could not be approved.
|
