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DEPARTMENT OF COMMUNITY AFFAIRS vs CITY OF DUNNELLON, 97-001112GM (1997)

Court: Division of Administrative Hearings, Florida Number: 97-001112GM Visitors: 5
Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: CITY OF DUNNELLON
Judges: D. R. ALEXANDER
Agency: Department of Community Affairs
Locations: Dunnellon, Florida
Filed: Mar. 10, 1997
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, October 22, 2001.

Latest Update: May 19, 2024
Fr). FINAL ORDER NO. DCA 01-GM-169 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, : vs. DOAH CASE NO. 97-1112GM** CITY OF DUNNELLON, 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 Dunnellon (City) Comprehensive Plan Amendment 96-1, adopted by Ordinance No. 96-15, Item 94-1B, on December 16, 1996, is “4n 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 City adopted the remedial amendments and the Department subsequently published its Cumulative Notice of Intent to find the Plan Amendment a and the remedial amendment to e “in compliance” with Chapter 163, Part II, Florida Statutes, and Rule 91-5, Florida Administrative Code. ciabs GE ORE 3 IT. FINAL ORDER NO. DCA 01-GM-169 The Department subsequently filed a Motion to Close File and Relinquish Jurisdiction. The Administrative Law Judge issued his Order Closing File (copy attached hereto). 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 en /. (er) Steven M. Seipért, Secretary DEPARTMENT OF COMM AFFAIRS 2555 Shumard Oak Boulevar Tallahassee, Florida 32399-2100 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. eta ERE es FINAL ORDER NO. DCA 01-GM-169 CERTIFICATE OF FILING AND SERVICE I HEREBY CERTIFY that the original of the foregoing has been filed with the undersigned designated Agency Clerk, and that true and correct copies have been furnished to the persons listed below in the manner described, on this @day of October, 2001. UWA Surcer . aula Ford Agency Clerk U. S. Mail: Hand Delivery: The Honorable Donald R. Alexander Colin M. Roopnarine Division of Administrative Hearings Assistant General Counsel The DeSoto Building Department of Community Affairs 1230 Apalachee Parkway 2555 Shumard Oak Boulevard Tallahassee, FL 32399-1550 Tallahassee, Florida 32399-2100 Jeannette Haag, Esquire 452 Pleasant Grove Road Inverness, Florida 34452-5476 eee STATE OF FLORIDA : DIVISION OF ADMINISTRATIVE HEARINGS ee RECEIVER | OCT 2 4 2001 | ‘AIRS DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, ) ) ) ) ) ) ‘Case No. 97-1112GM viens lbp rgcn teeta eben gp en ibe ) | CITY OF DUNNELLON, ) : ) ) .) ‘Respondent. coco . ORDER CLOSING FILE This cause having come before the undersigned on Petitioner's Motion to Close File and Relinquish Jurisdiction, and the undersigned being fully advised in the premises, it is, therefore, ORDERED that: 1. The Motion is granted and jurisdiction is relinquished to the agency. : ; 2. The file of the Division of Administrative Hearings in the above-captioned matter is hereby closed. DONE AND ORDERED this 22nd day of October, 2001, in Tallahassee, Leon County, Florida. Veet (2 gun pA DONALD R. ALEXANDER Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us cp copenpe eae H Filed with the Clerk of the Division of Administrative Hearings this 22nd day of October, 2001. COPIES FURNISHED: Jeannette Haag, Esquire = ~452 Pleasant Grove Road »Inverness, Florida 34452-5746 Colin M. Roopnarine, Esquire Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 i

Docket for Case No: 97-001112GM
Issue Date Proceedings
Oct. 30, 2001 Final Order filed.
Oct. 22, 2001 Order Closing File issued. CASE CLOSED.
Oct. 18, 2001 Motion to Close File and Relinquish Jurisdiction (filed by Petitioner via facsimile).
Oct. 18, 2001 Order Continuing Case in Abeyance issued (parties to advise status by January 25, 2002).
Oct. 16, 2001 Status Report filed by Petitioner.
Aug. 07, 2001 Order Continuing Case in Abeyance issued (parties to advise status by October 12, 2001).
Aug. 02, 2001 Status Report filed by Petitioner
Feb. 19, 2001 Order Continuing Case in Abeyance issued (parties to advise status by July 27, 2001).
Feb. 16, 2001 Notice of Filing Partial Stipulated Settlement Agreement and Request for Stay of Proceedings, Partial Stipulated Settlement Agreement filed.
Dec. 11, 2000 Order Continuing Case in Abeyance issued (parties to advise status by February 16, 2001).
Dec. 08, 2000 Status Report filed by Petitioner.
Sep. 19, 2000 Order Continuing Case in Abeyance issued (parties to advise status by December 8, 2000).
Sep. 18, 2000 Status Report (filed by Petitioner via facsimile).
Jul. 12, 2000 Order Continuing Case in Abeyance sent out. (parties to advise status by September 15, 2000.)
Jun. 30, 2000 Status Report (Department) filed.
Mar. 16, 2000 Order Continuing Case in Abeyance sent out. (Parties to advise status by June 30, 2000.)
Mar. 14, 2000 (Petitioner) Status Report filed.
Dec. 17, 1999 Order Continuing Case in Abeyance sent out. (Parties to advise status by March 14, 2000.)
Dec. 15, 1999 (Petitioner) Status Report filed.
Oct. 19, 1999 (Petitioner) Status Report filed.
Oct. 19, 1999 Order Continuing Case in Abeyance sent out. (Parties to advise status by December 13, 1999.)
Oct. 01, 1999 Final Order filed.
Sep. 23, 1999 Order sent out. (case shall remain open pending resolution of Item 94-1B of Ordinance No. 96-15)
Sep. 21, 1999 CASE REOPENED, per Judge Alexander.
Sep. 10, 1999 Order Closing File sent out. CASE CLOSED.
Sep. 08, 1999 (Petitioner) Motion to Relinquish Jurisdiction filed.
Apr. 14, 1999 (C. Roopnarine) Notice of Substitution of Counsel for Department of Community Affairs (filed via facsimile).
Apr. 02, 1999 Order sent out. (parties shall file status report by 10/8/99)
Apr. 01, 1999 (Petitioner) Status Report and Motion to Continue Abatement filed.
Dec. 01, 1998 Order sent out. (case to remain in abeyance; petitioner to provide status report by 4/2/99)
Nov. 24, 1998 Notice of Filing Partial Stipulated Settlement Agreement and Request to Continue Case in Abeyance filed.
Nov. 24, 1998 Partial Stipulated Settlement Agreement filed.
Nov. 24, 1998 (Petitioner) Status Report filed.
Jul. 28, 1998 Order sent out. (case to remain inactive; petitioner to file status report by 11/30/98)
Jul. 23, 1998 (Petitioner) Status Report filed.
Mar. 17, 1998 Order sent out. (case to remain inactive; petitioner to file status report by 7/17/98)
Mar. 13, 1998 (Petitioner) Status Report filed.
Nov. 10, 1997 Order sent out. (case to remain inactive; petitioner to file status report by 3/13/98)
Nov. 07, 1997 (Petitioner) Status Report filed.
Aug. 05, 1997 Order sent out. (hearing cancelled; petitioner to file status report by 11/7/97)
Aug. 04, 1997 Joint Motion for Continuance of Final Hearing filed.
Jun. 23, 1997 (From K. Fowler) Notice of Substitution of Counsel for Department of Community Affairs filed.
Apr. 03, 1997 Notice of Hearing sent out. (hearing set for 8/12/97; 10:30am; Dunnellon)
Mar. 31, 1997 (DCA) Response to Scheduling Order filed.
Mar. 18, 1997 (Initial) Order sent out.
Mar. 14, 1997 DOAH Notification Card sent out.
Mar. 10, 1997 Statement of Intent to Find A Comprehensive Plan Amendment Not in Compliance filed.
Mar. 10, 1997 Notice of Intent filed.
Mar. 10, 1997 Petition of the Department of Community Affairs filed.
(Petitioner) Status Report filed.
(Petitioner) Status Report filed.
(Petitioner) Status Report filed.
(Petitioner) Status Report filed.
(Petitioner) Status Report filed.
(Petitioner) Status Report filed.
Source:  Florida - Division of Administrative Hearings

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