Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: LAKE COUNTY
Judges: D. R. ALEXANDER
Agency: Department of Community Affairs
Locations: Tavares, Florida
Filed: Mar. 14, 2005
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, August 26, 2009.
Latest Update: Aug. 31, 2009
FINAL ORDER NO. DCA 09-GM-295
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
DEPARTMENT OF COMMUNITY
AFFAIRS,
Petitioner,
v. : DOAH Case No. 05-0954GM
LAKE COUNTY,
Respondent.
FINAL ORDER
An Administrative Law Judge of the Division of
Administrative Hearings has entered an Order Closing File in this
proceeding. A copy of the Order is attached to this Final Order
as Exhibit A.
BACKGROUND
This is a proceeding to determine whether the Lake County
Comprehensive Plan Amendment 04-1, adopted on December 21, 2004,
by Ordinances 2004-98 (Corbett parcel), 2004-99 (Vrablik parcel),
and 2004-90 (Hart parcel), as remediated by Comprehensive Plan
Amendments 08-R1, adopted by Ordinance 2008-46 (Corbett parcel),
and 09-R1, adopted by Ordinances 2009-31 (Vrablik parcel) and
2009-32 (Hart parcel), pursuant to individual Stipulated
Settlement Agreements is “in compliance” with the Local
FINAL ORDER NO. DCA 09-GM-295
Government Comprehensive Planning and Land Development Regulation
Act, Ch. 163, Part II, Florida Statutes (the “Act”).
All parties to this proceeding entered into Stipulated
Settlement Agreements which required the County to adopt certain
remedial amendments. The County adopted the remedial amendments
and the Department subsequently published its Cumulative Notices
of Intent to find the Plan Amendment and the Remedial Amendments
to be “in compliance” with Chapter 163, Part II, Florida
Statutes, and Rule 9J-5, Florida Administrative Code.
No affected person, as defined by Section 163.3184(1) (a),
‘Florida Statutes, filed a petition challenging the Cumulative
Notice, and the time for doing so has expired.
ORDER
WHEREFORE, it is ORDERED that the above-captioned proceeding
is DISMISSED, and the Agency Clerk is directed to close the file.
DONE AND ORDERED this day in Tallahassee, Florida.
& Pp, Mey General Counsel
DEPARTMENT OF COMMUNITY AFFAIRS
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
FINAL ORDER NO. DCA 09-GM-295
NOTICE OF RIGHTS
EACH PARTY IS HEREBY ADVISED OF ITS RIGHT TO SEEK JUDICIAL
REVIEW OF THIS FINAL ORDER PURSUANT TO SECTION 120.68, FLORIDA
STATUTES, AND FLORIDA RULES OF APPELLATE PROCEDURE 9.030 (b) (1) (C)
AND 9.110.
TO INITIATE AN APPEAL OF THIS ORDER, A NOTICE OF APPEAL MUST
BE FILED WITH THE DEPARTMENT’S AGENCY CLERK, 2555 SHUMARD OAK
BOULEVARD, TALLAHASSEE, FLORIDA. 32399-2100, WITHIN 30 DAYS OF THE
DAY THIS ORDER IS FILED WITH THE AGENCY CLERK. THE NOTICE OF
APPEAL MUST BE SUBSTANTIALLY IN THE FORM PRESCRIBED BY FLORIDA
RULE OF APPELLATE PROCEDURE 9.900(a). A COPY OF THE NOTICE OF
APPEAL MUST BE FILED WITH THE APPROPRIATE DISTRICT COURT OF
APPEAL AND MUST BE ACCOMPANIED BY THE FILING FEE SPECIFIED IN
SECTION 35.22(3), FLORIDA STATUTES.
YOU WAIVE YOUR RIGHT TO JUDICIAL REVIEW IF THE NOTICE OF
APPEAL IS NOT TIMELY FILED WITH THE AGENCY CLERK AND THE
APPROPRIATE DISTRICT COURT OF APPEAL.
MEDIATION UNDER SECTION 120.573, FLA. STAT., IS NOT
AVAILABLE WITH RESPECT TO THE ISSUES RESOLVED BY THIS ORDER.
FINAL ORDER NO. DCA 09-GM-295
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original of the foregoing has been
filed with the undersigned Agency Clerk of the Department of
Community Affairs, and that true and correct copies have been
furnished by U.S. Mail to each of the persons listed below on
this 4 day of , 2009.
aula Ford
gency Clerk
By U.S. Mail
The Honorable Donald R. Alexander
Administrative Law Judge
Division of Administrative Hearings
The Desoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
Sanford Minkoff, Esquire
Lake County Attorney
P.O. Box 7800
Tavares, Florida 32778-7800
By Hand Delivery
Lynette Norr
Assistant General Counsel
Department of Community Affairs
Page 4 of 4
Docket for Case No: 05-000954GM
Issue Date |
Proceedings |
Aug. 31, 2009 |
Final Order filed.
|
Aug. 26, 2009 |
Order Closing File. CASE CLOSED.
|
Aug. 25, 2009 |
Petitioner Department of Community Affairs' Motion to Close File and Relinquish Jurisdiction filed.
|
May 05, 2009 |
Order Continuing Case in Abeyance (parties to advise status by September 30, 2009).
|
May 04, 2009 |
Notice of Filing Partial Settlement Agreement (Hart Parcel) filed.
|
May 04, 2009 |
Notice of Filing Partial Settlement Agreement (Corbett Parcel) filed.
|
May 04, 2009 |
Notice of Filing Partial Settlement Agreement (Vrablik Parcel) filed.
|
May 04, 2009 |
Request for Stay of Proceedings filed.
|
Apr. 14, 2009 |
Notice of Appearance (filed by L. Norr).
|
Feb. 20, 2009 |
Order Continuing Case in Abeyance (parties to advise status by May 22, 2009).
|
Feb. 16, 2009 |
Status Report filed.
|
Nov. 17, 2008 |
Order Continuing Case in Abeyance (parties to advise status by February 16, 2009).
|
Nov. 14, 2008 |
Status Report filed.
|
Aug. 06, 2008 |
Order Continuing Case in Abeyance (parties to advise status by November 14, 2008).
|
Aug. 05, 2008 |
Status Report filed.
|
May 13, 2008 |
Order Continuing Case in Abeyance (parties to advise status by August 8, 2008).
|
May 09, 2008 |
Status Report filed.
|
Mar. 19, 2008 |
Order Continuing Case in Abeyance (parties to advise status by May 9, 2008).
|
Mar. 07, 2008 |
Status Report filed.
|
Nov. 27, 2007 |
Order Continuing Case in Abeyance (parties to advise status by March 7, 2008).
|
Nov. 26, 2007 |
Status Report filed.
|
Aug. 21, 2007 |
Order Continuing Case in Abeyance (parties to advise status by November 26, 2007).
|
Aug. 17, 2007 |
Status Report filed.
|
Jun. 12, 2007 |
Order Continuing Case in Abeyance (parties to advise status by August 17, 2007).
|
Jun. 11, 2007 |
Status Report filed.
|
Apr. 05, 2007 |
Order Continuing Case in Abeyance (parties to advise status by June 11, 2007).
|
Mar. 29, 2007 |
Status Report filed.
|
Jan. 16, 2007 |
Order Continuing Case in Abeyance (parties to advise status by March 30, 2007).
|
Jan. 12, 2007 |
Status Report filed.
|
Dec. 06, 2006 |
Order Continuing Case in Abeyance (parties to advise status by January 12, 2007).
|
Dec. 04, 2006 |
Status Report filed.
|
Oct. 02, 2006 |
Order Continuing Case in Abeyance (parties to advise status by December 4, 2006).
|
Sep. 28, 2006 |
Status Report filed.
|
Jul. 05, 2006 |
Order Continuing Case in Abeyance (parties to advise status by September 29, 2006).
|
Jul. 03, 2006 |
Status Report filed.
|
Mar. 16, 2006 |
Order Continuing Case in Abeyance (parties to advise status by June 30, 2006).
|
Mar. 15, 2006 |
Status Report filed.
|
Dec. 28, 2005 |
Order Continuing Case in Abeyance (parties to advise status by March 31, 2006).
|
Dec. 27, 2005 |
Status Report filed.
|
Oct. 04, 2005 |
Order Continuing Case in Abeyance (parties to advise status by December 30, 2005).
|
Oct. 03, 2005 |
Status Report filed.
|
Aug. 01, 2005 |
Order Continuing Case in Abeyance (parties to advise status by October 7, 2005).
|
Jul. 29, 2005 |
Status Report filed.
|
May 16, 2005 |
Order Granting Continuance and Placing Case in Abeyance (parties to advise status by August 1, 2005).
|
May 13, 2005 |
Department of Community Affairs` Motion to Place Case in Abeyance Pending Negotiation of Settlement filed.
|
Mar. 24, 2005 |
Order of Pre-hearing Instructions.
|
Mar. 24, 2005 |
Notice of Hearing (hearing set for June 14 through 16, 2005; 9:30 a.m.; Tavares, FL).
|
Mar. 21, 2005 |
Response to Initial Order (filed by Petitioner).
|
Mar. 14, 2005 |
Initial Order.
|
Mar. 14, 2005 |
Notice of Intent to Find Lake County Comprehensive Plan Amendment not in Compliance Docket No. 04-1-NOI-3501-(A)-(N) filed.
|
Mar. 14, 2005 |
Statement of Intent to Find Comprhensive Plan Amendment not in Compliance filed.
|
Mar. 14, 2005 |
Petition of the Department of Community Affairs filed.
|
Orders for Case No: 05-000954GM