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DEPARTMENT OF COMMUNITY AFFAIRS vs POLK COUNTY, 93-000266GM (1993)

Court: Division of Administrative Hearings, Florida Number: 93-000266GM Visitors: 9
Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: POLK COUNTY
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Community Affairs
Locations: Bartow, Florida
Filed: Jan. 21, 1993
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, December 18, 1998.

Latest Update: Jun. 26, 2024

Docket for Case No: 93-000266GM
Issue Date Proceedings
Jun. 04, 1999 Case files returned to the Agency sent out.
Jan. 22, 1999 Agency Final Order of Dismissal rec`d
Dec. 18, 1998 Order Dismissing Proceedings, Relinquishing Jurisdiction, and Closing Files sent out. CASE CLOSED.
Dec. 17, 1998 (Petitioner) Notice of Voluntary Dismissal (filed via facsimile).
Dec. 10, 1998 (D. Jordan) Notice of Filing Settlement Agreements; Comprehensive Plan Settlement Agreement filed.
Dec. 08, 1998 (Jahna) Status Report (filed via facsimile).
Oct. 30, 1998 (Petitioner) Status Report (filed via facsimile).
Aug. 24, 1998 Order Placing Case in Abeyance sent out. (9/15/98 hearing cancelled; parties to file status report by 10/15/98)
Aug. 20, 1998 (Jahna) Agreed Motion for Abatement of Final Hearing (filed via facsimile).
Jun. 09, 1998 Order Continuing Final Hearing and Rescheduling Response and Replies to Show Cause Order sent out. (hearing reset for Sept. 15-18 & 22-25, 1998; 9:00am; Bartow)
Jun. 05, 1998 (Jahna) Agreed Motion for Continuance (filed via facsimile).
May 11, 1998 (Mark Carpanini) Notice of Hearing Location filed.
Feb. 05, 1998 Order Continuing Final Hearing and Rescheduling Response and Replies to Show Cause Order sent out. (hearing set for July 7-10 & 14-17, 1998; 9:00am)
Jan. 14, 1998 (Petitioner) Agreed Motion for Continuance filed.
Jun. 27, 1997 Order Continuing Final Hearing and Rescheduling Response and Replies to Show Cause Order sent out. (hearing set for March 3-6 & 10-13, 1998; 9:00am; Bartow)
Jun. 25, 1997 (Petitioner) Status Report and Agreed Upon Motion to Continue Final Hearing and reschedule the Filing of Responses and Replies to Show Cause Order Entered on March 28, 1997 (filed via facsimile).
Jun. 09, 1997 (Petitioner) Status Report and Agreed Upon Motion to Reschedule the Filing of Jahna`s Response to Show Cause Order Entered on March 27, 1997 (filed via facsimile).
May 02, 1997 (From M. Morell) Notice of Change in Address for Co-Counsel for E.R. Jahna Industries, Inc. filed.
Apr. 04, 1997 (filed via facsimile).
Apr. 04, 1997 (From M. Carpanini) Notice of Hearing Location filed.
Feb. 28, 1997 Order Realigning Parties sent out.
Feb. 28, 1997 Notice of Final Hearing sent out. (hearing set for 9/3/97; 9:00am)
Feb. 28, 1997 Notice of Prehearing Conference sent out.
Feb. 28, 1997 Prehearing Order sent out.
Feb. 24, 1997 E.R. Jahna Industries, Inc.`s Third Amended Petition for Leave to Intervene filed.
Feb. 11, 1997 Department of Community Affairs Notice of Filing Cumulative Notice of Intent and Request for Realignment; Amended Notice of Intent and Cumulative Notice of Intent filed.
Dec. 09, 1996 Status Report by the Department of Community Affairs filed.
Oct. 25, 1996 Notice of Filing Stipulated Settlement Agreement and Status Report by the Department of Community Affairs; Stipulated Settlement Agreement filed.
Aug. 30, 1996 (Petitioner) Status Report by the Department of Community Affairs filed.
Aug. 30, 1996 Status Report by the Department of Community Affairs filed.
Jul. 24, 1996 Status Report By the Department of Community Affairs filed.
Jun. 17, 1996 Order Consolidating 95-3194, Reforming Caption, and Placing Cases in Abeyance sent out. (Consolidated cases are: 91-3853GM, 93-0266GM, 93-1230GM, 93-4329GM, 94-1645GM & 95-3194GM; Status report due in 30 days)
Jun. 06, 1996 (Joint) Status Report and Agreed Upon Motions to Consolidate, Reform Caption and Abate Proceedings Pending Filing of Settlement Agreements filed. (Cases to be consolidated: 91-3853GM, 93-266GM, 93-1230GM, 93-4329GM, 94-1645GM, 95-3194GM)
May 30, 1996 Amended Voluntary Dismissal Pursuant to Settlement Agreement filed.
May 03, 1996 (Respondents) Voluntary Dismissal Pursuant to Settlement Agreement filed.
Apr. 18, 1996 Order for Continuance and Status Report sent out. (parties to file status report in 30 days)
Apr. 16, 1996 Agreed Motion for Continuance filed.
Apr. 11, 1996 Ltr to AC from S. Morley re: deleting his name from service list filed.
Apr. 08, 1996 (From M. Carpanini) Notice of Hearing Location; Polk County`s Notice of Change in Mailing Address filed.
Apr. 05, 1996 (From M. Carpanini) Notice of Hearing Location; Polk County`s Notice of Change in Mailing Address filed.
Mar. 28, 1996 Order Dismissing Disinterested Parties sent out.
Mar. 25, 1996 Department of Community Affairs` Motion for Order to Show Cause filed.
Feb. 28, 1996 (From D. Jordan) Notice of Substitution of Counsel for the Department of Community Affairs filed.
Jan. 12, 1996 Order Continuing Final Hearing sent out. (hearing rescheduled for 5-6-96; 9:00am)
Jan. 10, 1996 Department of Community Affairs Motion to Continue filed.
Dec. 21, 1995 Stipulation of the Department of Community Affairs, Administration Commission, E.R. Jahna Industries, Polk County, 1000 Friends of Florida,Sierra Club, Polk Group and John Ryan, and General Citrus, Inc. Regarding Pending Motions, Amended Pleading Motio
Dec. 19, 1995 (Respondent) Supplemental Witness List filed.
Dec. 12, 1995 (Michael Morell) Notice of Hearing filed.
Dec. 12, 1995 Department of Community Affairs Notice of Filing Statement of Position; Statement of Position filed.
Dec. 12, 1995 Department of Community Affairs Motion to Dismiss DOAH case nos. 91-3853GM, 93-266GM, 93-1230GM, 93-4329GM, and 94-1645GM); Department of Community Affairs Notice of Hearing filed.
Dec. 06, 1995 (Mark F. Carpanini) Witness List filed.
Nov. 27, 1995 General Citrus, Inc.`s Witness List w/cover letter filed.
Nov. 27, 1995 Order on Agreed Motion to Continue sent out.
Nov. 17, 1995 (Michael William. Morell) Notice of Hearing filed.
Nov. 17, 1995 (Mark Carpanini) Notice of Hearing Location filed.
Nov. 16, 1995 (Joint) Agreed Upon Motion to Continue, Motion to Limit December 18, 1995 Hearing to Certain Legal Issues In Only the DCA Rules Challenge Cases And Motion for Expedited Telephonic Hearing filed.
Nov. 08, 1995 Order on Motion to Continue and Notice of Telephone Prehearing Conference sent out. (prehearing conference set for 11/21/95; 2:30pm)
Nov. 08, 1995 Order Establishing Prehearing Procedures sent out.
Nov. 08, 1995 Notice of Final Hearing sent out. (hearing set for 1/16/96; 10:00am)
Nov. 08, 1995 Letter to HEARING OFFICER from Michael William. Morell Re: Motion to Continue filed.
Nov. 06, 1995 Department of Community Affairs Motion to Continue filed.
Oct. 26, 1995 E.R. Jahna Industries, Inc.`s Notice of Taking Depositions Duces Tecum filed.
Oct. 12, 1995 Department of Community Affairs` Third Motion for Extension of Time to File Stipulation filed.
Oct. 03, 1995 Department of Community Affairs Second Motion for Extension of Time File Stipulation filed.
Sep. 25, 1995 Order Granting Extension of Time sent out. (time is extended until 10/2/95)
Sep. 13, 1995 E.R. Jahna Industries, Inc.`s Witness List filed.
Sep. 13, 1995 Department of Community Affairs Motion for Extension of Time to Prepare Stipulation filed.
Sep. 01, 1995 Department of Community Affairs Witness List filed.
Aug. 14, 1995 Prehearing Order sent out.
Aug. 07, 1995 Petition to Intervene of Sierra Club, Polk Group, and John Ryan; Amended Petition of Sierra Club, Polk Group, and John Ryan; Amended Petition of Sierra Club, Polk Group, and John Ryan w/cover letter filed.
Aug. 04, 1995 (Petitioner) Notice of Hearing filed.
Jul. 24, 1995 (M. Morell) Agreed Upon Response and Stipulation to Department of Community Affairs` Motion to Realign the Parties, Consolidate and Strike Portions of E.R. Jahna Industries, Inc.`s Second Amended Petition for Leave to Intervene filed.
Jul. 24, 1995 (Intervenor) Motion to Amend Petition of 1000 Friends of Florida; Amended Petition of 1000 Friends of Florida filed.
Jul. 21, 1995 Department of Community Affairs` Status Report filed.
Jul. 14, 1995 Department of Community Affairs` Response to and Motion to Strike Portions of E. R. Jahna Industries, Inc.`s Second Amended Petition for Leave to Intervene filed.
Jul. 13, 1995 E. R. Jahna Industries, Inc.`s Second Amended Petition for Leave to Intervene filed.
Jul. 12, 1995 (Petitioner) Response to Initial Order And Motion to Consolidate (with DOAH Case No/s. 95-3194GM, 91-3583GM) filed.
Jul. 12, 1995 (Petitioner) Notice of Filing Cumulative Notice of Intent Motion to Realign the Parties And Motion to Consolidate (with DOAH case no. 91-3853GM et al., 95-3194) filed.
Jun. 13, 1995 Second Amendment to Order Placing Cases in Abeyance sent out. (Parties to file status report by 7/17/95)
Apr. 17, 1995 (Petitioner) Status Report And Request for Continued Abatement filed.
Mar. 13, 1995 (Petitioner) Status Report filed.
Jan. 11, 1995 (Petitioner) Status Report And Request for Continued Abeyance filed.
Oct. 05, 1994 Amendment to Order Placing Cases In Abeyance sent out. (parties to file status report within 90 days)
Oct. 03, 1994 (Petitioner) Status Report And Request for Continued Abatement filed.
Aug. 01, 1994 Notice of Change of Address (filed in 93-1230GM et al) filed. (From Richard Grosso)
Aug. 01, 1994 Notice of Change of Address filed. (From Richard Grosso)
Jul. 11, 1994 Response to Motion to Deny or to Strike (filed in 93-1230GM et al) filed. (From Matthew P. Farmer)
Jun. 10, 1994 Notice of Substitution of Counsel for Department of Community Affairs filed.
Jun. 07, 1994 Department of Community Affairs Answer To Petition of General Citrus, Inc., Petition For Intervention filed.
Jun. 01, 1994 Order Placing Case in Abeyance sent out. (Parties to file status report within 120 days)
May 27, 1994 General Citrus, Inc.`s Petition for Intervention w/Exhibits A&B filed.
May 18, 1994 (Intervenor) Request for Extension of Time to Respond (filed in 93-1230GM) filed.
May 17, 1994 Department of Community Affairs` Motion to Continue Hearing filed.
May 17, 1994 E. R. Jahna Industries, Inc.'s Reply to DCA's Affirmative Defenses; E. R. Jahna Industries, Inc.'s Response in Opposition to The Departmentof Commuity Affairs' Motion to Strike Portions of E. R. Jahna Industries, Inc.'s First Amen ded Petition w/Exhibit
May 10, 1994 Intervenor E.R. Jahna Industries, Inc.`s Motion for Entry of An Order Denying the Petitions and Amended Petitioner`s of Sierra Club, Polk Group, John Ryan, and 1000 Friends of Florida to Intervene in Case No. 94-1645GM
May 10, 1994 Pages 9, 10 & 11 w/Exhibit-B of Motion for Entry of an Order Denying the Petitioner`s and Amended Petitioner`s of Sierra Club Polk Group, John Ryan, and 1000 Friends of Florida to Intervene in Case 94-1645GM filed. (From Fred McCormack)
May 05, 1994 Department of Community Affairs` Answer to E.R. Jahna Industries, Inc.`s Amended Petition For Leave To Intervene; Department of Community Affairs Motion To Strike Portions of E.R. Jahna Industries, Inc.`s First Amended Petition To Intervene filed.
May 02, 1994 Notice of Service of First Set of Interrogatories E.R. Jahna Industries Inc.; Notice of Service of First Set of Interrogatories To Department of Community Affairs filed.
May 02, 1994 Motion To Dismiss Amended Petition To Intevene of 1000 Friends of Florida; Notice of Service of Amended First Set of Interrogatories To 1000 Friends of Florida; Motion To Dismiss Amended Petition To Intervene of Sierra Club, Polk Group And John Ryan; No
Apr. 28, 1994 Notice of Service of First Set of Interrogatories To 1000 Friends of Florida (from M. Carpanini); Notice of First Set of Interrogatories To Sierra Club filed.
Apr. 28, 1994 Notice of Service of First Set of Interrogatories To Sierra Club; Polk County's First Set of Interrogatories To Sierra Club, Notice of service of First Set of Interrogatories To 1000 Friends of Florida ; Polk County's First Set of Interrogatories To 100
Apr. 25, 1994 (Petitioner`s) Notice of Service (5); Intervenor E.R. Jahna Industries, Inc.`s First Request For Production To Polk County; Intervenor E.R. Jahna Industries, Inc.`s First Request For Production To The Department of Community Affairs filed.
Apr. 22, 1994 (E.R. Jahna Industries) Notice of Service filed.
Apr. 21, 1994 Petition to Intervene of Sierra Club, Polk Group, and John Ryan; Amended Petition to Intervene of Sierra Club, Polk Group, and John Ryan filed.
Apr. 21, 1994 Notice of Service of the Department of Community Affairs` First Set of Interrogatories to E. R. Jahna Industries, Inc. w/ Department of Community Affairs` First Set of Interrogatories to E. R. Jahna Industries, Inc. filed.
Apr. 21, 1994 Notice of Service of the Department of Community Affairs` First Set of Interrogatories to Polk County w/Department of Community Affairs` First Set of Interrogatories to Polk County filed.
Apr. 18, 1994 Amended Petition to Intervene of 1000 Friends of Florida filed.
Apr. 18, 1994 Petition to Intervene of 1000 Friends of Friends (for case no. 94-1645GM) filed.
Apr. 18, 1994 E.R. Jahna Industries, Inc., Amended Petition to Intervene filed.
Apr. 08, 1994 Polk County`s Response to Petition of the Department of Community Affairs (filed in 94-1645GM) filed.
Apr. 07, 1994 Order Consolidating Additional Case sent out. (Consolidated cases are: 91-3853GM, 93-0266GM, 93-1230GM, 93-4329GM, 94-1645GM)
Apr. 07, 1994 Case No/s: unconsolidated.
Mar. 30, 1994 (DCA) Status Report w/Statement of Intent to Find Comprehensive Plan Amendment Not in Compliance filed.
Feb. 04, 1994 Order Continuing Final Hearing sent out. (hearing rescheduled for 6/27/94; 9:00am; Bartow)
Nov. 23, 1993 Notice of Hearing and Requirement for Status Report sent out. (hearing set for 4/25/94; 9:00am; Bartow)
Nov. 23, 1993 Prehearing Order sent out.
Sep. 15, 1993 Order Consolidating Additional Cases sent out. (Consolidated cases are: 91-3853GM, 93-0266GM, 93-1230GM & 93-4329GM)
Sep. 15, 1993 Order of Consolidation sent out. (Consolidated cases are: 91-3853GM,93-0266GM, 93-1230GM & 93-4329GM)
Sep. 15, 1993 Case No/s: 91-3853GM & 93-0266GM unconsolidated.
Sep. 10, 1993 Order Granting Leave to Intervene sent out.
Sep. 10, 1993 (1000 Friends of Florida) Notice of Change of Address filed.
Sep. 08, 1993 E. R. Jahna Industries, Inc.`s Petition for Leave to Intervene filed.
Aug. 09, 1993 (Petitioner) Response to Petition for Intervention filed.
Aug. 04, 1993 (Petitioner) Motion for Extension of Time to Respond to Petition for Intervention filed.
Jul. 22, 1993 Notice of Filing; Page #4 to Exhibit C to Be Associated With Petition to Intervene; & Cover Letter from B. Hardin filed.
Jul. 20, 1993 Order Granting Leave to Intervene sent out. (for Indigo Utilities)
Jul. 19, 1993 Order Placing Case in Abeyance sent out. (Parties to file status report within 90 days)
Jul. 19, 1993 Notice of Appearance filed. (From Benjamin W. Hardin, Jr.)
Jul. 19, 1993 Indigo Utilities, Inc. Petition for Intervention w/Exhibits filed.
Jul. 19, 1993 (Petitioner) Notice of Appearance; Indigo Utilities, Inc. Petition for Intervention filed.
Jul. 02, 1993 Order Continuing Final Hearing sent out. (hearing date to be rescheduled at a later date)
Jun. 02, 1993 (Petitioner) Motion for Continuance filed.
Jun. 02, 1993 Order Granting Leave to Intervene sent out. (for Sierra Club, Polk Group & John Ryan)
Jun. 02, 1993 Order Denying Motion to Dismiss sent out.
May 28, 1993 (Intervenor) Response to Motion to Dismiss Petition to Intervene filed.
May 28, 1993 Motion to Intervene by Sierra Club, Polk Group and John Ryan (filed in case #93-266) filed. (From Matthew P. Farmer)
May 21, 1993 (Polk County) Response to and Motion to Dismiss Petition to Intervene of 1000 Friends of Florida filed.
May 12, 1993 Order Granting Leave To Intervene sent out. (petition to intervene granted)
May 10, 1993 Petition to Intervene of 1000 Friends of Florida filed.
May 10, 1993 Notice of Withdrawal as Party Intervenor filed.
Apr. 07, 1993 Polk County`s Response to Department of Community Affair`s First Set of Admissions (filed in case #93-266GM) filed.
Apr. 01, 1993 Polk County`s Response to Amended Petition for Intervention filed.
Mar. 29, 1993 Amended Petition for Intervention filed.
Mar. 19, 1993 Order of Consolidating Cases sent out. (Consolidated cases are: 91-3853GM, 93-266GM)
Mar. 19, 1993 Order Continuing Final Hearing sent out. (hearing rescheduled for 7-26-93; 9:00am; Bartow)
Mar. 15, 1993 Notice of Service of Polk County`s First Set of Interrogatories to Department of Community Affairs filed.
Mar. 15, 1993 (Intervenors) Amended Petition for Intervention filed.
Mar. 05, 1993 (2) Notice of Service of Department of Community Affairs` First Set of Interrogatories to Polk County w/Department of Community Affairs` First Set of Interrogatories to Polk County filed.
Mar. 04, 1993 Order Granting Leave To Intervene sent out (leave is granted to Albertson International, a Fl Corp., and Anthony Hicks and Watson Dyer, Trustee to intervene and participate as parties to this proceeding)
Mar. 04, 1993 Letter to JLJ from Alexander Mackinnon (re: who to send correspondence to) filed.
Mar. 04, 1993 Department of Community Affairs` Response to Hearing Officer`s Order Granting Leave to Intervene and Request for Reconsideration filed.
Feb. 18, 1993 Polk County`s Response to Petition of Heller Bros. Packing Corp. filed.
Feb. 18, 1993 Polk County`s Response to Petition of Albertson International, Inc. filed.
Feb. 08, 1993 Polk County`s Response to Petition of The Department of Community Affairs filed.
Feb. 08, 1993 Order Granting Leave To Intervene sent out. (leave is granted to Heller Bros. Packing Corp., Home Run Grove, W.K. Smith and T.G. Jackson to intervene and participate as parties to this proceeding)
Feb. 02, 1993 (Heller Bros. Packing Corp.) Petition to Intervention filed.
Jan. 29, 1993 Notice of Assignment And Initial Order sent out.
Jan. 27, 1993 Notification card sent out.
Jan. 21, 1993 Petition of the Department of Community Affairs; Notice of Intent; Statement of Intent to Find Comprehensive Plan Amendments Not in Compliance filed.
Status Report By the Department of Community Affairs filed.
Order Continuing Final Hearing sent out. (hearing rescheduled for 7-26-93; 9:00am; Bartow)
(Petitioner) Status Report And Request for Continued Abatement filed.
Prehearing Order sent out.
Department of Community Affairs Motion to Continue filed.
(From M. Carpanini) Notice of Hearing Location; Polk County`s Notice of Change in Mailing Address filed.
Status Report by the Department of Community Affairs filed.
Prehearing Order sent out.
(filed via facsimile).
(Mark Carpanini) Notice of Hearing Location filed.
Source:  Florida - Division of Administrative Hearings

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