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DEPARTMENT OF COMMUNITY AFFAIRS vs CITY OF CORAL SPRINGS, 08-005662GM (2008)

Court: Division of Administrative Hearings, Florida Number: 08-005662GM Visitors: 16
Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: CITY OF CORAL SPRINGS
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Community Affairs
Locations: Coral Springs, Florida
Filed: Nov. 13, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, September 10, 2009.

Latest Update: Sep. 14, 2009
FINAL ORDER NO. DCA09-GM-311 STATE OF FLORIDA Q Le DEPARTMENT OF COMMUNITY AFFAIRS Ate Ne ety Mike, “Ge ES DEPARTMENT OF COMMUNITY “igs 7 AFFAIRS, Wo, "a Wooo Sg Petitioner, e o We v. DOAH Case No.: 08-5662GM CITY OF CORAL SPRINGS, 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 City of Coral Springs’ Comprehensive Plan Amendment adopted by Ordinance No. 2008-107 on September 2, 2008, is “in compliance” with the Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, Part II, Florida Statutes. The City and the Department entered into a Stipulated Settlement Agreement which required the City to adopt a remedial amendment (“Remedial Amendment”). The City adopted the Remedial Amendment and, on August 19, 2009, the Department subsequently published its Cumulative Notice of Intent to find the comprehensive plan amendment at issue in this FINAL ORDER NO. DCA09-GM-311 proceeding, as remediated, “in compliance” with Chapter 163, Part 1, Florida Statutes, and Rule 9J-5, Florida Administrative Code. The Department subsequently filed with the Division of Administrative Hearings a Motion to Close File and Relinquish Jurisdiction. On September 10, 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. Stiller General Counsel FINAL ORDER NO. DCA09-GM-311 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. 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 corr copies have been furnished to the persons listed below in the er described, on this ice day of Septemher, 2009. Agency Clerk Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 U. S. Mail: J. Lawrence Johnston Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 John J. Heam, Deputy City Attorney City of Coral Springs 955i West Sample Road Coral Springs, Florida 33065 Phone Number: 954-344-1011 Hand Delivery: Richard E. Shine, Esquire L. Mary Thomas, Esquire ‘Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, Florida 32399 FINAL ORDER NO. DCA09-GM-311

Docket for Case No: 08-005662GM
Issue Date Proceedings
Sep. 14, 2009 Final Order filed.
Sep. 10, 2009 Order Closing File. CASE CLOSED.
Sep. 10, 2009 Motion to Close File and Relinquish Jurisdiction filed.
Jul. 28, 2009 Order Continuing Case in Abeyance (parties to advise status by November 25, 2009).
Jul. 28, 2009 Stipulated Settlement Agreement filed.
Jul. 28, 2009 Notice of Filing Stipulated Settlement Agreement filed.
May 22, 2009 Order Continuing Case in Abeyance (parties to advise status by August 27, 2009).
May 21, 2009 Status Report and Joint Motion for Case to be Continued in Abeyance filed.
Apr. 06, 2009 Notice of Appearance (filed by M. Thomas).
Mar. 30, 2009 Order Continuing Case in Abeyance (parties to advise status by May 29, 2009).
Mar. 27, 2009 Status Report and Joint Motion for Case to Remain in Abeyance filed.
Mar. 04, 2009 Notice of Substitution of Counsel for Department of Community Affairs filed.
Jan. 27, 2009 Order Continuing Case in Abeyance (parties to advise status by March 31, 2009).
Jan. 26, 2009 Status Report due January 30, 2009, Joint Motion for Case to Remain in Abeyance filed.
Dec. 02, 2008 Order Placing Case in Abeyance (parties to advise status by January 30, 2009).
Nov. 20, 2008 Joint Response to the Initial Order Requesting a Sixty-Day Abeyance filed.
Nov. 13, 2008 Initial Order.
Oct. 13, 2008 Notice of Intent to Find the City of Coral Springs Comprehensive Plan Amendment Not in Compliance filed.
Oct. 13, 2008 Statement of Intent to Find Comprehensive Plan Amendment Not in Compliance filed.
Oct. 13, 2008 Department of Community Affairs` Petition for Formal Administrative Hearing filed.
Oct. 13, 2008 Agency referral filed.

Orders for Case No: 08-005662GM
Issue Date Document Summary
Sep. 10, 2009 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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