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DEPARTMENT OF COMMUNITY AFFAIRS vs WASHINGTON COUNTY, 07-000609GM (2007)

Court: Division of Administrative Hearings, Florida Number: 07-000609GM Visitors: 13
Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: WASHINGTON COUNTY
Judges: BRAM D. E. CANTER
Agency: Department of Community Affairs
Locations: Chipley, Florida
Filed: Feb. 06, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, August 13, 2009.

Latest Update: Aug. 31, 2009
FINAL ORDER NO. DCA09-GM-297 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, vs. DOAH Case No. 07-0609GM WASHINGTON COUNTY, Respondent, and JON FLAIG, Intervenor. / 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 Washington County (“County”) Comprehensive Plan Amendment adopted by Ordinance No. 2006-23 on November 16, 2006, is “in compliance” with the Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, Part II, Florida Statutes (the “Act”). The parties entered into a Stipulated Settlement Agreement which required the County to adopt certain remedial amendments. The County adopted the remedial amendments by Ordinance No. 2009-1 on June 16, 2009. On July 22, 2009, the Department published its FINAL ORDER NO. DCA09-GM-297 Cumulative Notice of Intent to find the Plan Amendment and the remedial amendment to be “in compliance” with Chapter 163, Part II, Florida Statutes, and Rule 9J-5, Florida Administrative Code. No party filed a challenge to the remedial amendments adopted by Ordinance No. 2009-1 within the 21-day challenge period. The Department subsequently filed with the Division of Administrative Hearings a Notice of Filing Cumulative Notice of Intent and Request to Relinquish Jurisdiction on August 12, 2009. On August 13, 2009, the Administrative Law Judge issued his Order Closing File. No Exceptions to the Administrative Law Judge’s Order were filed. 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 in Tallahassee, Florida. Shaw P. io May Counsel DEPARTMENT OF COMMUNITY AFFAIRS 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 FINAL ORDER NO. DCA09-GM-297 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. DCA09-GM-297 CERTIFICATE OF FILING AND SERVICE CERTIFICALE OF EEE ————roEOer_rr 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 to the persons listed below in the manner described, on this aA day of August, 2009. U. S. Mail: The Honorable Bram D. E. Canter Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-3060 David A. Theriaque, Esquire Theriaque Vorbeck & Spain 433 North Magnolia Drive Tallahassee, Florida 32308-5083 Hand Delivery: Matthew Davis, Esquire Assistant General Counsel Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, Florida 32399 Paula Ford ; ency Clerk Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Thomas Gerald Holley, Esquire Washington County Attorney Post Office Box 268 Chipley, Florida 32428

Docket for Case No: 07-000609GM
Issue Date Proceedings
Aug. 31, 2009 Final Order filed.
Aug. 13, 2009 Order Closing File. CASE CLOSED.
Aug. 12, 2009 Department of Community Affairs' Notice of Filing Cumulative Notice of Intent and Request to Relinquish Jurisdiction filed.
Jun. 30, 2009 Order of Stay (parties to advise of status by September 30, 2009).
Jun. 29, 2009 Stipulated Settlement Agreement filed.
Jun. 29, 2009 Notice of Filing Stipulated Settlement Agreement and Request for Continued Stay of Proceedings filed.
May 27, 2009 Order Continuing Case in Abeyance (parties to advise status by July 17, 2009).
May 22, 2009 Status Report filed.
Mar. 19, 2009 Order Continuing Case in Abeyance (parties to advise status by May 18, 2009).
Mar. 12, 2009 Status Report filed.
Feb. 11, 2009 Notice of Substitution of Counsel for Department of Community Affairs (filed by M. Davis) filed.
Jan. 16, 2009 Order Continuing Case in Abeyance (parties to advise status by March 12, 2009).
Jan. 15, 2009 Status Report filed.
Nov. 26, 2008 Order Cancelling Hearing and Placing Case in Abeyance (parties to advise status by January 15, 2009).
Nov. 25, 2008 Petitioner`s Motion to Cancel Hearing and Place Case in Abeyance filed.
Jul. 16, 2008 Notice of Hearing (hearing set for December 2 and 3, 2008; 9:00 a.m., Central Time; Chipley, FL).
Jul. 14, 2008 Joint Notice of Available Hearing Dates filed.
Jun. 09, 2008 Order Requiring Response (parties shall confer and advise the Administrative Law Judge in writing no later than July 14, 2008, of several dates that the parties are available for the final hearing).
Jun. 06, 2008 Status Report filed.
May 27, 2008 Amended Motion for a Fourteen (14) Day Extension of Time to Serve a Status Report filed.
May 27, 2008 Order (Motion for a Fourteen (14) Day Extension of Time to Serve Status Report is granted, status report shall be filed by May 30, 2008).
May 22, 2008 Motion for a Fourteen (14) Day Extension of Time to serve Status Report filed.
Mar. 18, 2008 Order Continuing Case in Abeyance (parties to advise status by May 16, 2008).
Mar. 14, 2008 Status Report and Motion for Additional Sixty (60) Day Abatement of Administrative Proceedings filed.
Jan. 09, 2008 Order Continuing Case in Abeyance (parties to advise status by March 14, 2008).
Dec. 28, 2007 Response to Order and Renewed Motion for Additional Ninety (90) Day Abatement of Administrative Proceedings filed.
Dec. 20, 2007 Order (request to continue the case in abeyance is denied, parties shall advise the Administrative Law Judge in writing no later than December 28, 2007, of mutual dates of availability in February and March 2008).
Dec. 14, 2007 Status Report and Motion for Additional Ninety (90) day Abatement of Administrative Proceedings filed.
Oct. 29, 2007 Order Cancelling Hearing and Placing Case in Abeyance (parties to advise status by December 14, 2007).
Oct. 22, 2007 Intervenor Jon Flaig`s Motion to Cancel Final Hearing and for a Forty-Five (45) day Abatement of Administrative Proceedings filed.
Oct. 08, 2007 Petitioner Department`s First Request for Production from Intervenor Jon Flaig filed.
Oct. 08, 2007 Petitioner Department`s Notice of Service of First Set of Interrogatories to Intervenor Jon Flaig filed.
Oct. 08, 2007 Petitioner Department`s First Request for Production from Respondent Washington County filed.
Oct. 08, 2007 Petitioner Department`s Notice of Service of First Set of Interrogatories to Respondent Washington County filed.
Sep. 12, 2007 Amended Notice of Hearing (hearing set for December 13 and 14, 2007; 9:30 a.m., Central Time; Chipley, FL; amended as to hearing date and location).
Sep. 07, 2007 Intervenor Jon Flaig`s Motion to Reschedule the Final Hearing filed.
Aug. 13, 2007 Order of Dismissal (Intervenors Clifford White and Jenniefer White are dismissed from the case).
Aug. 03, 2007 Notice of Withdraw of Petition to Intervene filed.
May 21, 2007 Order of Pre-hearing Instructions.
May 21, 2007 Notice of Hearing (hearing set for September 25 through 27, 2007; 9:30 a.m., Central Time; Chipley, FL).
May 09, 2007 Letter to DOAH from K. Brodeen regarding motion to intervene filed and not being added as a party of record filed.
May 09, 2007 Addendum to Joint Notice of Available Hearing Dates filed.
May 07, 2007 Joint Notice of Available Hearing Dates filed.
May 01, 2007 Status Report and Mediation Report filed.
Mar. 06, 2007 Order on Pending Motions.
Feb. 28, 2007 Intervenor Jon Flaig`s Emergency Motion to Consolidate Pending Proceedings and to Cancel, or Alternatively, Continue for Ninety (90) Days, the Final Hearing filed.
Feb. 21, 2007 Response of Washington County to Department of Community Affairs` Petition for Formal Administrative Hearing filed.
Feb. 16, 2007 White`s Petition to Intervene filed.
Feb. 16, 2007 Order Placing Case in Abeyance (parties to advise status by May 1, 2007).
Feb. 13, 2007 Department`s and Intervenor`s Joint Response to Initial Order and Request to Place Case in Abeyance filed.
Feb. 12, 2007 Intervenor Jon Flaig`s Notice of Demand for Informal Mediation filed.
Feb. 12, 2007 Respondent, Washington County`s Response to Initial Order filed.
Feb. 09, 2007 Order Granting Petition to Intervene (Jon Flaig).
Feb. 07, 2007 Petition to Intervene (Jon Flaig) filed.
Feb. 06, 2007 Initial Order.
Feb. 06, 2007 Notice of Intent to Find the Comprehensive Plan Amendments Adopted not in Compliance filed.
Feb. 06, 2007 Statement of Intent to Find Comprehensive Plan Amendment Not in Compliance filed.
Feb. 06, 2007 Department of Community Affairs Petition for Formal Administrative Hearing filed.

Orders for Case No: 07-000609GM
Issue Date Document Summary
Aug. 27, 2009 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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