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TRIPLE H. RANCH PROPERTY, LTD; DEBUYS PROPERTY INVESTMENT GROUP, LTD; AND CITY OF PARKLAND vs PALM BEACH COUNTY AND DEPARTMENT OF COMMUNITY AFFAIRS, 07-005238GM (2007)

Court: Division of Administrative Hearings, Florida Number: 07-005238GM Visitors: 69
Petitioner: TRIPLE H. RANCH PROPERTY, LTD; DEBUYS PROPERTY INVESTMENT GROUP, LTD; AND CITY OF PARKLAND
Respondent: PALM BEACH COUNTY AND DEPARTMENT OF COMMUNITY AFFAIRS
Judges: BRAM D. E. CANTER
Agency: Department of Community Affairs
Locations: West Palm Beach, Florida
Filed: Nov. 16, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, July 17, 2009.

Latest Update: Jul. 29, 2009
FINAL ORDER NO. DCA09-GM-265 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS TRIPLE H. RANCH PROPERTY, LTD.; DEBUYS PROPERTY INVESTMENT GROUP, LTD.; and CITY OF PARKLAND, Petitioners, vs. DOAH Case No. 07-5238GM PALM BEACH COUNTY and DEPARTMENT OF COMMUNITY AFFAIRS, Respondents, 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 Palm Beach County’s Comprehensive Plan Amendment adopted by Ordinance No. 2007-008 on August 27, 2007 (“Amendment”), is “in compliance” with the Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, Part II, Florida Statutes. The Department reviewed the Amendment and issued a Notice and Statement of Intent to find it not in compliance. FINAL ORDER NO. DCA09-GM-265 The City of Coral Springs, the City of Tamarac, the City of Coconut Creek, Triple H. Property, Ltd., Debuys Property Investment Group, Ltd., and the City of Parkland were granted leave to intervene in this proceeding. On April 21, 2009, the County, the Department, Triple H. Property, Ltd., and Debuys Property Investment Group, Ltd. entered into a Stipulated Settlement Agreement. Although the City of Parkland fully supports the Stipulated Settlement Agreement, it did not sign such agreement. On June 25, 2009, the City of Coral Springs, the City of Tamarac, and the City of Coconut Creek filed a Joint Dismissal of Petitions and the Administrative Law Judge issued an Order of Dismissal dismissing their petitions. On May 19, 2009, the County adopted a remedial comprehensive plan amendment pursuant to the Stipulated Settlement Agreement. The Department reviewed the remedial amendment, determined that it fully addressed the compliance issues raised in this matter, and issued a Cumulative Notice of Intent to find the Amendment, as remediated, in compliance. On June 24, 2009, the Cumulative Notice of Intent was published in the Palm Beach Post. No party filed a petition for administrative hearing or intervened with respect to the remedial amendment. Accordingly, the Department filed with the Division of Administrative Hearings a Motion to Close File and Relinquish Jurisdiction. On July 17, 2009, the Administrative Law Judge issued his Order Closing File. FINAL ORDER NO. DCA09-GM-265 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. Nauk? Shaw P. Stiller General Counsel 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-265 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 to the persons listed below in the manner described, on this vf, upey of July, 2009. ula Ford Agency Clerk Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 U.S. Mail: Bram D.E. Canter Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 Amy Taylor Petrick, Esquire Palm Beach County Attorney's Office 300 North Dixie Highway, Third Floor West Palm Beach, Florida 33401-4705 Henry B. Handler, Esquire Weiss, Handler, Angelos & Cornwell, P.A. One Boca Place, Suite 218A 2255 Glades Road Boca Raton, Florida 33431 Margaret-Ray Kemper, Esquire Ruden, McClosky, Smith, Schuster & Russell, P.A. 215 South Monroe Street, Suite 815 Tallahassee, Florida 32301 Andrew S. Maurodis, Esquire City of Deerfield Beach 150 Northeast Second Avenue Deerfield Beach, Florida 33441-3506 Daniel A. Seigel, Esquire Weiss, Serota, Helfman, Pastoriza Metropolitan Planning Organization 200 East Broward Boulevard, Suite 1900 Fort Lauderdale, Florida 33301 Hand Delivery: Richard Shine, Esquire L. Mary Thomas, Esquire Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, Florida 32399 FINAL ORDER NO. DCA09-GM-265

Docket for Case No: 07-005238GM
Issue Date Proceedings
Jul. 29, 2009 Final Order filed.
Jul. 17, 2009 Order Closing File. CASE CLOSED.
Jul. 16, 2009 Joint Motion to Close File and Relinquish Jurisdiction filed.
Jul. 16, 2009 CASE STATUS: Motion Hearing Held.
Jul. 14, 2009 Order Realigning Parties.
Jul. 14, 2009 Motion for Realignment of Parties filed.
Jul. 13, 2009 Notice of Filing Cumulative Notice of Intent filed.
Jun. 25, 2009 Order (petitions of Intervenors City of Coral Springs, City of Tamarac, and City of Coconut Creek are dismissed).
Jun. 25, 2009 Joint Dismissal of Petitions filed.
May 08, 2009 Order Canceling Hearing and Staying Proceeding (parties to advise status by August 10, 2009).
May 07, 2009 Notice of Filing Stipulated Settlement Agreement and Request for Stay of Proceedings filed.
Apr. 07, 2009 Order of Pre-hearing Instructions.
Apr. 07, 2009 Notice of Hearing (hearing set for August 25 through 27, 2009; 9:00 a.m.; West Palm Beach, FL).
Apr. 06, 2009 Notice of Appearance (filed by M. Thomas).
Mar. 19, 2009 Amended as to Certificate of Service Status Report filed.
Mar. 19, 2009 Status Report filed.
Mar. 05, 2009 Notice of Substitution of Counsel for Department of Community Affairs (R. Shine) filed.
Jan. 27, 2009 Order Continuing Case in Abeyance (parties to advise status by March 19, 2009).
Jan. 23, 2009 Joint Status Report Due January 23, 2009 Joint Motion for the Case to Remain in Abeyance filed.
Dec. 17, 2008 Order of Dismissal.
Dec. 16, 2008 City of Parkland`s Response and Opposition to Broward Metropolitan Planning Organization`s Amended Petition to Intervene filed.
Dec. 12, 2008 Broward Metropolitan Planning Organization`s Amended Petition to Intervene filed.
Dec. 08, 2008 (Palm Beach County`s) Notice of Unavailability filed.
Dec. 05, 2008 Order Continuing Case in Abeyance (parties to advise status by January 23, 2009).
Dec. 04, 2008 Status Report Due December 2, 2008 Motion for the Case to Remain in Abeyance filed.
Dec. 02, 2008 Order of Dismissal (denying Broward Metropolitan Planning Organization`s Petition to Intervene).
Nov. 26, 2008 Broward Metropolitan Planning Organization`s Petition to Intervene filed.
Nov. 21, 2008 Order (denying Intervenors` request that Palm Beach County be ordered to allow them to participate in the settlement negotiations).
Nov. 20, 2008 Response to Status Report and Joint Response to Order Continuing Case in Abeyance Entered on October 2, 2008 filed.
Nov. 14, 2008 Status Report and Joint Motion in Response to Order Continuing Case in Abeyance Entered October 2, 2008 filed.
Oct. 22, 2008 Amended Notice of Unavailability filed.
Oct. 02, 2008 Order Continuing Case in Abeyance (parties to advise status by December 2, 2008).
Oct. 01, 2008 Notice of Unavailability filed.
Oct. 01, 2008 Amended Status Report Due October 1, 2008 Motion for the Case to Remain in Abeyance filed.
Oct. 01, 2008 Status Report Due October 1, 2008 Joint Motion for the Case to Remain in Abeyance filed.
Aug. 01, 2008 Order Continuing Case in Abeyance (parties to advise status by October 1, 2008).
Jul. 31, 2008 Status Report Due July 31, 2008 Joint Motion for the Case to Remain in Abeyance filed.
Jun. 16, 2008 Order Cancelling Hearing and Placing Case in Abeyance (parties to advise status by July 31, 2008).
Jun. 13, 2008 Motion for Continuance filed.
Mar. 19, 2008 Notice of Hearing (hearing set for August 18 through 20, 2008; 9:00 a.m.; West Palm Beach, FL).
Mar. 18, 2008 Notice of Unavailability filed.
Mar. 14, 2008 Joint Response to Order Dated March 6, 2008 Recommended Hearing Date filed.
Mar. 06, 2008 Order Canceling Hearing (parties to advise status by March 14, 2008).
Mar. 03, 2008 Motion for Continuance filed.
Jan. 07, 2008 Order Granting Petition to Intervene (City of Tamarac, Florida and the City of Coconut Creek, Florida).
Dec. 19, 2007 City of Coconut Creek`s Petition to Intervene filed.
Dec. 18, 2007 City of Tamarac`s Petition to Intervene filed.
Dec. 12, 2007 Order of Pre-hearing Instructions.
Dec. 12, 2007 Notice of Hearing (hearing set for April 21 through 25, 2008; 9:00 a.m.; West Palm Beach, FL).
Dec. 11, 2007 Order Granting Petitions to Intervene (City of Coral Springs, Florida and City of Parkland).
Dec. 04, 2007 City of Parkland Petition for Intervention filed.
Dec. 03, 2007 Order Granting Petition to Intervene (Triple H. Ranch Property, Ltd., and Debuys Property Investment Group, Ltd.).
Nov. 27, 2007 Joint Response to Initial Order filed.
Nov. 26, 2007 Petition to Intervene (Triple H Ranch Property, Ltd.,) filed.
Nov. 19, 2007 Notice of Unavailability filed.
Nov. 16, 2007 Letter to C. Llado from S. Bunton enclosing a copy of the City of Coral Springs Petition to Intervene filed.
Nov. 16, 2007 Notice of Intent filed.
Nov. 16, 2007 Statement of Intent to Find Comprehensive Plan Amendment Not in Compliance filed.
Nov. 16, 2007 Letter to Honorable Addie Green from T. Pelham regarding review of Palm Beach County Comprehensive Plan Amendment filed.
Nov. 16, 2007 Department of Community Affairs` Petition for Formal Administrative Hearing filed.
Nov. 16, 2007 Initial Order.
Nov. 13, 2007 City of Coral Springs, Florida Petition to Intervene filed by.

Orders for Case No: 07-005238GM
Issue Date Document Summary
Jul. 28, 2009 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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