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  5. COLLIER COUNTY vs CITY OF NAPLES AND DEPARTMENT OF COMMUNITY AFFAIRS, 04-001048GM (2004)

COLLIER COUNTY vs CITY OF NAPLES AND DEPARTMENT OF COMMUNITY AFFAIRS, 04-001048GM (2004)

Court: Division of Administrative Hearings, Florida Number: 04-001048GM Visitors: 32
Petitioner: COLLIER COUNTY
Respondent: CITY OF NAPLES AND DEPARTMENT OF COMMUNITY AFFAIRS
Judges: D. R. ALEXANDER
Agency: Department of Community Affairs
Locations: Naples, Florida
Filed: Mar. 25, 2004
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, May 24, 2005.
Latest Update: May 31, 2005
Summary: The issue is whether the City of Naples' plan amendment adopted by Ordinance No. 03-10305 on December 17, 2003, is not in compliance for the reasons alleged in Collier County's Petition for Administrative Hearing (Petition).Adjoining local government failed to prove that the City`s plan amendment would cause "substantial impacts" on the County`s need for infrastructure and thus lacked standing to file a petition. JURISDICTION RETAINED FOR ATTORNEY`S FEES.
\\NAS\FDrive\DOAH\docdocs\2004\001048\04001048DWH-052405-10095809.PDF

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS


COLLIER COUNTY,


Petitioner,


vs.


CITY OF NAPLES and DEPARTMENT OF COMMUNITY AFFAIRS,


Respondents.

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) Case No. 04-1048GM

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ORDER CLOSING FILE


This cause having come before the undersigned on the City of Naples' Notice of Withdrawal of Respondent's Motion for Sanctions, and the undersigned being fully advised, it is, therefore,


ORDERED that the file of the Division of Administrative Hearings in the above-captioned matter is hereby closed.


DONE AND ORDERED this 24th day of May, 2005, in Tallahassee, Leon County, Florida.


S

DONALD R. ALEXANDER

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675 SUNCOM 278-9675

Fax Filing (850) 921-6847 www.doah.state.fl.us


Filed with the Clerk of the Division of Administrative Hearings this 24th day of May, 2005.

COPIES FURNISHED:


Shaw P. Stiller, Esquire Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100


Jacqueline W. Hubbard, Esquire Office of the County Attorney

3301 East Tamiami Trail, Eighth Floor Naples, Florida 34112-4902


Robert G. Menzies, Esquire Roetzel & Andress

850 Park Shore Drive, Suite 300

Naples, Florida 34103-3587


Michael P. Donaldson, Esquire Carlton Fields, P.A.

Post Office Drawer 190 Tallahassee, Florida 32302-0190


Docket for Case No: 04-001048GM
Issue Date Proceedings
May 31, 2005 Withdrawal of Notice of Appeal filed in the Second District Court of Appeal.
May 24, 2005 Order Closing File (per notice of withdrawal of motion for sanctions). CASE CLOSED.
May 23, 2005 Notice of Withdrawal of Respondent`s Motion for Sanctions filed.
Mar. 01, 2005 Order Granting Continuance and Placing Case in Abeyance (parties to advise status by August 31, 2005).
Feb. 28, 2005 Response to Collier County`s Motion to Compel (filed by Respondent).
Feb. 23, 2005 Collier County`s Motion to Compel Attorney Fee Discovery filed.
Feb. 22, 2005 Collier County`s Motion for Status Conference filed.
Feb. 22, 2005 Collier County`s Memorandum of Law in Opposition to the City of Naples` Motions Pertaining to Discovery: to Strike, for a Protective Order, and for Sanctions filed.
Feb. 18, 2005 Motion to Strike, Motion for a Protective Order and Motion for Sanctions filed.
Feb. 18, 2005 Collier County`s First Set of Interrogatories Directed to Respondent, City of Naples filed.
Feb. 18, 2005 Petitioner`s Request to Produce to Respondent filed.
Feb. 18, 2005 Collier County`s Request to Admit Directed to the City of Naples filed.
Feb. 18, 2005 Notice of Filing filed.
Feb. 16, 2005 Notice of Service of Interrogatories filed.
Feb. 16, 2005 Interrogatories Propounded to Petitioner, Collier County filed.
Feb. 15, 2005 Petitioner`s Second Request to Produce to Respondent filed.
Feb. 14, 2005 Collier County`s First Set of Interrogatories Directed to Respondent, City of Naples filed.
Feb. 14, 2005 Petitioner`s Request to Produce to Respondent filed.
Feb. 14, 2005 Collier County`s Request to Admit Directed to the City of Naples filed.
Feb. 10, 2005 Notice of Appearance.
Feb. 03, 2005 Acknowledgement of New Case, Second DCA Case No. 2D05-392.
Feb. 01, 2005 Notice of Hearing (hearing set for April 19, 2005; 9:00 a.m.; Naples, FL).
Jan. 24, 2005 Report of Counsel Regarding Request for Sanctions (filed by Respondent).
Jan. 10, 2005 Order (parties shall confer and advise the undersigned in writing within 15 days from the date of this order of suggested dates for hearing).
Jan. 06, 2005 Notice of Unavilability filed.
Jan. 04, 2005 Request for Hearing on Award of Attorney Fee`s Pursuant to Florida Statutes Section 163.3184 filed.
Dec. 29, 2004 Final Order filed.
Sep. 08, 2004 Collier County`s Exceptions to Recommended Order (via efiling by Martha Chumbler).
Aug. 24, 2004 Recommended Order cover letter identifying the hearing record referred to the Agency.
Aug. 24, 2004 Recommended Order (hearing held June 9 and 10, 2004). CASE CLOSED.
Aug. 12, 2004 Department of Community Affairs` Response to Petitioner`s Motion to Strike (filed via facsimile).
Aug. 12, 2004 Respondent`s Response and Objection to Petitioner`s Motion to Strike filed.
Aug. 09, 2004 Respondent`s Notice of Scrivener`s Errors in Proposed Findings of Fact and Conclusions of Law filed.
Aug. 06, 2004 Motion to Strike the City of Naples` Proposed Recommended Order or Alternatively to Strike Portions of the Proposed Recommended Order filed by Petitioner.
Aug. 02, 2004 County`s Proposed Recommended Order filed.
Aug. 02, 2004 County`s Notice of Filing Proposed Recommended Order filed.
Aug. 02, 2004 Respondent`s Proposed Findings of Fact, Conclusions of Law filed.
Aug. 02, 2004 Department of Community Affairs` Proposed Recommended Order filed.
Aug. 02, 2004 Department of Community Affairs` Notice of Withdrawal of Objection filed.
Jul. 23, 2004 Order. (parties shall have until Monday, August 2, 2004, in which to file their proposed findings of fact and conclusions of law)
Jul. 22, 2004 Notice of Filing (2003 Kimley-Horn Final Report) filed via facsimile.
Jul. 22, 2004 (Proposed) Order on Collier County`s Motion to Re-open Hearing or Alternatively for Leave to Submit Additional Exhibits into Evidence (filed via facsimile).
Jul. 22, 2004 Collier County`s Unopposed Motion to Re-open Hearing or in the Alternative for Leave to Submit Additional Exhibits into Evidence (filed via facsimile).
Jul. 22, 2004 (Proposed) Order on Unopposed Motion for Extension of Time to File County`s Proposed Order (filed by Petitioner via facsimile).
Jul. 22, 2004 Unopposed Motion for Extension of Time to File County`s Proposed Order (filed by Petitioner via facsimile).
Jun. 24, 2004 Transcript (Volumes 1 and 2) filed.
Jun. 10, 2004 Summary of Petitioner`s Argument filed w/judge at hearing.
Jun. 09, 2004 CASE STATUS: Hearing Held.
Jun. 09, 2004 Amended: Non-Party`s Assertion of Legislative Privilege, Motion to Quash Subpoenas, Motion for Protective Order, and Motion in Limine (certificate of service dated) filed by J. Fox.
Jun. 08, 2004 Collier County`s Answers to Expert Witness Interrogatories (filed via facsimile).
Jun. 08, 2004 Expert Witness Interrogatories (filed by Petitioner via facsimile).
Jun. 08, 2004 Notice of Service of Answers to Expert Witness Interrogatories Directed to Petitioner (filed by Petitioner via facsimile).
Jun. 08, 2004 Collier County`s Memorandum in Opposition to Respondent`s Memorandum Regarding Legislative Privilege (filed via facsimile).
Jun. 08, 2004 Department of Community Affairs` Response to Respondent`s Motion in Limine (filed via facsimile).
Jun. 08, 2004 Amended: Non-Party`s Assertion of Legislative Privilege, Motion to Quash Subpoenas, Motion for Protective Order, and Motion in Limine (filed by J. Fox via facsimile).
Jun. 07, 2004 Motion in Limine (filed by Petitioner via facsimile).
Jun. 07, 2004 Collier County`s Memorandum in Opposition to Respondent`s Motion in Limine Regarding Trial Subpoenas (filed via facsimile).
Jun. 07, 2004 Non-Party`s Assertion of Legislative Privilege, Motion to Quash Subpoenas, Motion for Protective Order, and Motion in Limine (filed by J. Fox via facsimile).
Jun. 07, 2004 Respondent`s Response to Petitioner`s Request for Sequestration (filed by J. Fox via facsimile).
Jun. 07, 2004 Joint Pre-hearing Stipulations (filed via facsimile).
Jun. 07, 2004 Respondent`s Answer and Memorandum of Law Supporting Compliance of the Comprehensive Plan Amendment (with exhibits) filed by J. Fox.
Jun. 04, 2004 Order (Respondent`s Motion to Strike Petitioner`s Notice of Filing and the deposition of Ron Lee is denied).
Jun. 03, 2004 Order (Petitioner`s Motion in Limine is denied).
Jun. 03, 2004 City of Naples` Notice of Filing (City of Naples Comprehensive Plan, Adopted January 21, 1998; Ordinance 98-8165) filed with no attachments.
Jun. 03, 2004 Deposition (of George Archibald) filed via facsimile.
Jun. 03, 2004 Affidavit of David Muntean (filed via facsimile).
Jun. 03, 2004 Affidavit of Peter Van Arsdale (filed via facsimile).
Jun. 03, 2004 Draft Affidavit of David E. Crawford (filed via facsimile).
Jun. 03, 2004 Notice of Filing (Affidavit of David Crawford; Affidavit of Peter Van Arsdale; Affidavit of David Muntean; and a copy of the Deposition Transcript of George Archibald) filed by Petitioner via facsimile.
Jun. 02, 2004 Notice to Produce at Trial (4), (R. Pritt, R. Lee, G. Archibald, and R. Lee) filed via facsimile.
Jun. 02, 2004 Collier County`s Memorandum in Opposition to Respondent`s Motion in Limine (filed via facsimile).
Jun. 01, 2004 Response to Motion to Strike (filed by Petitioner via facsimile).
Jun. 01, 2004 Respondent City of Naples Answers to Expert Witness Interrogatories filed.
Jun. 01, 2004 Respondent`s Motion in Limine filed.
Jun. 01, 2004 Respondent`s Response to Petitioner`s Motion in Limine filed.
Jun. 01, 2004 Notice of Service of Answers to Expert Witness Interrogatories filed by J. Fox.
May 28, 2004 Respondent`s Motion to Strike filed by J. Fox.
May 28, 2004 City of Naples` Notice of Filing (Planning Advisory Board Meetings Minutes and Supporting Documents of July 9, 2003 and Minutes from City Council Meetings) filed by J. Fox.
May 27, 2004 Notice of Appearance (filed by M. Chumbler, Esquire, via facsimile).
May 27, 2004 Motion in Limine (filed by Petitioner via facsimile).
May 27, 2004 Motion to Exclude Witnesses from the Hearing (filed by Petitioner via facsimile).
May 25, 2004 Notice of Filing (A Copy of the Transcript of the Naples City Council Meeting of Aprl 21, 2004; and A Copy of the Deposition Transcript of Ron Lee) filed by Petitioner.
May 25, 2004 Transcript (Meeting of the Naples City Council April 21, 2004) filed.
May 25, 2004 Deposition (of R. Lee) filed.
May 25, 2004 Notice of Taking Deposition Duces Tecum (2), (R. Wallace and D. Mercer) filed via facsimile.
May 20, 2004 Amended Notice of Taking Deposition Duces Tecum (2), (C. Gautier and B. Piawah) filed via facsimile.
May 18, 2004 Order. (the City`s motion for protective order granted)
May 17, 2004 Reply of Respondent to Petitioner`s Memorandum Opposing Non-Parties` Motion to Quash, for a Protective Order, and Motion in Limine (filed by J. Fox via facsimile).
May 17, 2004 Collier County`s Memorandum in Opposition to the City of Naples Request for a Protective Order (corrected copy) filed via facsimile.
May 14, 2004 Collier County`s Memorandum in Opposition to the City of Naples Request for a Protective Order (filed via facsimile).
May 11, 2004 Non-Party`s Assertion of Legislative Privilege, Motion to Quash Subpoenas, Motion for a Protective Order, and Motion in Limine filed by J. Fox.
May 10, 2004 Order. (motion to strike claims of petitioner is denied)
May 10, 2004 Notice of Service of Expert Witness Interrogatories to Petitioner, Collier County filed by J. Fox.
May 05, 2004 Collier County`s Reply to the City of Naples` Motion to Dismiss (filed via facsimile).
May 04, 2004 Notice of Taking Deposition Duces Tecum (2), (B. Piawah and C. Gautier) filed via facsimile.
May 04, 2004 Notice of Taking Deposition (3), (Dr. R. Lee (2), G. Archibald) filed via facsimile.
May 03, 2004 Respondent`s Motion to Dismiss the Petition or to Strike Claims of Petitioner filed.
Apr. 30, 2004 Notice of Service of Expert Witness Interrogatories (filed by J. Hubbard via facsimile).
Apr. 02, 2004 Order of Pre-hearing Instructions.
Apr. 02, 2004 Notice of Hearing (hearing set for June 9 through 11, 2004; 9:00 a.m.; Naples, FL).
Apr. 01, 2004 Joint Response to Initial Order (filed via facsimile).
Apr. 01, 2004 Notice of Unavailability (filed by J. Hubbard via facsimile).
Mar. 31, 2004 Letter to DOAH from S. Stiller regarding enclosed attachment to Collier County`s Petition for Formal Administrative Hearing filed.
Mar. 26, 2004 Initial Order.
Mar. 25, 2004 Notice of Intent to Find the City of Naples Comprehensive Plan Amendment in Compliance Docket No. 03-1-NOI-1104-(A)-(I) filed.
Mar. 25, 2004 Petition for Formal Administrative Hearing filed.
Mar. 25, 2004 Agency referral filed.

Orders for Case No: 04-001048GM
Issue Date Document Summary
May 27, 2005 Agency Miscellaneous
May 24, 2005 Other
Dec. 28, 2004 Agency Final Order
Aug. 24, 2004 Recommended Order Adjoining local government failed to prove that the City`s plan amendment would cause "substantial impacts" on the County`s need for infrastructure and thus lacked standing to file a petition. JURISDICTION RETAINED FOR ATTORNEY`S FEES.
Source:  Florida - Division of Administrative Hearings
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