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DEPARTMENT OF COMMUNITY AFFAIRS vs TOWN OF BALDWIN, 08-003217GM (2008)

Court: Division of Administrative Hearings, Florida Number: 08-003217GM Visitors: 24
Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: TOWN OF BALDWIN
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Community Affairs
Locations: Baldwin, Florida
Filed: Jul. 03, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, September 15, 2009.

Latest Update: Sep. 17, 2009
FINAL ORDER NO. DCA09-GM-318 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, v. , DOAH Case No. 08-3217GM TOWN OF BALDWIN, 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 Town of Baldwin Comprehensive Plan Amendment 08-PEFE1, adopted by Ordinance No. 2007-16, on January 8, 2008, is “in compliance” with the Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, Part II, Florida Statutes (the “Act”). All parties to this proceeding entered into a Stipulated Settlement Agreement resolving the issues in this case through FINAL ORDER NO. DCA09-GM-318 additional data and analysis provided by the Town. The Department subsequently published its Amended Notice of Intent to find the Plan Amendment “in compliance” with Chapter 163, Part II, Florida Statutes, and Rule 9J-5, Florida Administrative Code. 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. Shaw P. Stiller> General Counsel DEPARTMENT OF COMMUNITY AFFAIRS 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 FINAL ORDER NO. DCA09-GM-318 NOTICE OF RIGHTS SS 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 APPEAL MUST BE SUBSTANTIALLY IN THE FORM PRESCRIBED BY PLORIDA 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 ‘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-318 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 the manner indicated to each of the persons listed “a ; below on this /b — day of Lf, 2009. C.LAns Palila Ford : Agency Clerk By U.S. Mail Honorable J. Lawrence Johnston Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 The Honorable Stan Totman, Mayor Town of Baldwin 10 U.S. 90 West Baldwin, Florida 32234-1832 By Hand Delivery Lynette Norr Assistant General Counsel Department of Community Affairs

Docket for Case No: 08-003217GM
Issue Date Proceedings
Sep. 17, 2009 Final Order filed.
Sep. 15, 2009 Order Closing File. CASE CLOSED.
Sep. 14, 2009 Petitioner Department of Community Affairs' Motion to Close File and Relinquish Jurisdiction filed.
Jul. 24, 2009 Order Continuing Case in Abeyance (parties to advise status by September 21, 2009).
Jul. 23, 2009 Notice of Filing Compliance Agreement and Request for Stay of Proceedings filed.
Jul. 16, 2009 Order Continuing Case in Abeyance (parties to advise status by August 13, 2009).
Jul. 14, 2009 (Petitioner's) Status Report filed.
Jun. 12, 2009 Order Continuing Case in Abeyance (parties to advise status by July 13, 2009).
Jun. 12, 2009 (Petitioner's) Status Report filed.
Apr. 14, 2009 Order Continuing Case in Abeyance (parties to advise status by June 12, 2009).
Apr. 13, 2009 Status Report filed.
Feb. 13, 2009 Order Continuing Case in Abeyance (parties to advise status by April 13, 2009).
Feb. 12, 2009 Status Report filed.
Dec. 12, 2008 Order Continuing Case in Abeyance (parties to advise status by February 10, 2009).
Dec. 12, 2008 Status Report filed.
Oct. 14, 2008 Order Continuing Case in Abeyance (parties to advise status by December 12, 2008).
Oct. 13, 2008 Status Report filed.
Jul. 14, 2008 Order Placing Case in Abeyance (parties to advise status by October 13, 2008).
Jul. 14, 2008 Response to Initial Order and Request for Case to be Placed in Abeyance filed.
Jul. 07, 2008 Initial Order.
Jul. 03, 2008 Notice of Intent to Find the Town of Baldwin Comprehensive Plan Not in Compliance filed.
Jul. 03, 2008 Statement of Intent to Find Comprehensive Plan Amendment Not in Compliance filed.
Jul. 03, 2008 Department of Community Affairs` Petition for Formal Administrative Hearing filed.

Orders for Case No: 08-003217GM
Issue Date Document Summary
Sep. 16, 2009 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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