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JAMES VEAL AND KERRY M. CULLIGAN vs DEPARTMENT OF COMMUNITY AFFAIRS AND ESCAMBIA COUNTY, 00-001023GM (2000)

Court: Division of Administrative Hearings, Florida Number: 00-001023GM Visitors: 38
Petitioner: JAMES VEAL AND KERRY M. CULLIGAN
Respondent: DEPARTMENT OF COMMUNITY AFFAIRS AND ESCAMBIA COUNTY
Judges: D. R. ALEXANDER
Agency: Department of Community Affairs
Locations: Pensacola, Florida
Filed: Mar. 07, 2000
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, August 29, 2002.

Latest Update: Dec. 24, 2024
ee FINAL ORDER NO. DCA 02-GM-247. >": STATE OF F LORIDA DEPARTMENT OF COMMUNITY AFFAIRS JAMES VEAL and KERRY CULL] GAN, Petitioners, vs. DOAH Case No, 00-1023GM ; f DEPARTMENT OF co. MMUNITY AFFAIRS, and ESCAMBIA COUNTY, Respondents, and HOMEBUILDERS’ ASSOCIATION of WEST FLORIDA, INC., Intervenor. FINAL ORDER BACKGROUND 53, are “consistent” with the County’s Comprehensive Plan, as that term is utilized in Section 16 3.3213. Florida Statutes. The a FINAL ORDER NO. DCA 02-GM-247 Department issued a Determination of Consistency to find the LDR’s not consistent with the County’s Comprehensive Plan. ORDER WHEREF ORE, it is ORDERED that the above-captioned Proceeding is DISM] SSED, and the LDR’s adopted by County Ordinance No. 98-53 are determined to be “consistent” with the Escambia County Comprehensive Plan. DONE AND ORDERED in Tallahassee, Florida. a Lo for Steven M. Seibert, Secretary DEPARTMENT OF COMMUNITY AFFAIRS 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 NOTICE OF RIGHTS SE UF RIGHTS THE APPROPRIATE DISTRICT COURT OF APPEAL AND MUST BE ACCOMPANIED BY THE FILING FEE SPECIFIED IN SECTION 35.22(3), FLORIDA STATUTES. a FINAL ORDER NO. DCA 02-GM-247 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 12 RESPECT TO THE ISSUES RESOLVED B 0.573, FLA. STAT., IS NOT AVAILABLE WITH 'Y THIS ORDER. CERTIFICATE OF FILING AND SERVICE a RE ILING AND SERVICE THEREBY CERTIFY that the ori undersigned designated Agency Clerk, an persons listed below in the manner descri U.S. Mail: James Veal 627 Bayshore Drive Pensacola, Florida 32507 Kerry Culligan 5617 Ponte Verde Road Pensacola, FL 32507-9032 Janet Lander, Esquire 14 West Government Street Room 411 Pensacola, FL 32501-5814 Randy Lemon President HBA of West Florida 4400 Bayou Boulevard, Suite 45 Pensacola, FL 32503-2692 ginal of the foregoing has been filed with the d that true and correct copies have been furnished to the bed, on this 47 day of September, 2002. Agency Clerk Hand Delivery: The Honorable Donald R. Alexander Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-3060 Colin M. Roopnarine Assistant General Counsel Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS JAMES VEAL AND KERRY M. CULLIGAN, Petitioners, vs. Case No. 00-1023GM DEPARTMENT OF COMMUNITY AFFAIRS and ESCAMBIA COUNTY, Respondents, and HOME BUILDERS ASSOCIATION OF WEST FLORIDA, INC., Intervenor. i eeeeeeeeseFSF ORDER CLOSING FILE ee ES PLE ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) This cause having come before the undersigned on Petitioners' Motion for Voluntary Dismissal, and the undersigned being fully advised, it is, therefore, ORDERED that the file of the Division of Administrative Hearings in the above-captioned matter is hereby closed. DONE AND ORDERED this 2Sth day of August, 2002, in Tallahassee, Leon County, Florida. Teena ie Bes yomir— 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 EXHIBIT www.doah.state.fl us ia this 29th day of August, 2002. COPTES FURNISHED; Kerry M. Culligan S617 Ponte Verde Road Pensacola, Florida 32507-9032 Janet Lander, Esquire 14 West Government Street Room 411 Pensacola, Florida 32501-5814 Randy Lemon, President Home Builders Association of West Florida, Inc. 4400 Bayou Boulevard, Suite 45 Pensacola, Florida 32503-2692 Colin m. Roopnarine, Esquire James Veal 627 Bayshore Drive Pensacola, Florida 32507

Docket for Case No: 00-001023GM
Issue Date Proceedings
Sep. 06, 2002 Final Order filed.
Aug. 29, 2002 Order Closing File issued. CASE CLOSED.
Aug. 29, 2002 Motion for Voluntary Dismissal (filed by Petitioner via facsimile).
Aug. 07, 2002 Order issued (matter will continue to be abated until September 6, 2002).
Aug. 06, 2002 Status Report (filed by Respondent via facsimile).
Jul. 25, 2002 Order issued. (within 15 days from the date of this order, the DCA shall file a status report)
Jun. 04, 2002 Status Report (filed by Respondents via facsimile).
Apr. 02, 2002 Order Continuing Case in Abeyance issued (parties to advise status by June 3, 2002).
Mar. 29, 2002 Status Report filed by C. Roopnarine
Jan. 09, 2002 Order Continuing Case in Abeyance issued (parties to advise status by April 1, 2002).
Jan. 04, 2002 Status Report (filed by Respondents via facsimile).
Nov. 05, 2001 Order Continuing Case in Abeyance issued (parties to advise status by January 4, 2002).
Nov. 02, 2001 Status Report (filed by DCA via facsimile).
Sep. 05, 2001 Notice of Service of Department of Community Affairs` First Set of Interrogatories to Petitioners filed.
Sep. 04, 2001 Department of Community Affairs` Request for Production of Documents to Petitioners filed.
Aug. 31, 2001 Status Report filed by Respondents.
Aug. 30, 2001 Status Report (filed by Petitioner via facsimile).
Aug. 14, 2001 Order issued (the agency shall file a status report if the case is not voluntarily dismisssed by Petitioners by 8/31/2001)
Aug. 10, 2001 Status Report filed by C. Roopnarine
Apr. 25, 2001 Order issued (the agency shall file a status report by 8/10/2001).
Apr. 24, 2001 Notice of Filing Stipulated Settlement Agreement and Request for Stay of Proceedings and Realignment; Stipulated Settlement Agreement filed.
Mar. 07, 2001 Order Continuing Case in Abeyance issued (parties to advise status by May 25, 2001).
Mar. 02, 2001 Status Report filed by Petitioner
Dec. 28, 2000 Order Continuing Case in Abeyance issued (parties to advise status by March 2, 2001).
Dec. 26, 2000 (DCA) Status Report filed.
Sep. 14, 2000 Order Continuing Case in Abeyance issued (parties to advise status by December 22, 2000).
Sep. 13, 2000 Status Report filed by Petitioner.
Jun. 05, 2000 Order Continuing Case in Abeyance sent out. (Parties to advise status by September 8, 2000.)
Jun. 01, 2000 (Petitioner) Status Report filed.
Apr. 07, 2000 Order Denying Motions sent out.
Apr. 03, 2000 Department of Community Affairs` Response to Intervenor`s Motion to Dismiss filed.
Mar. 31, 2000 Intervenors` Motion to Dismiss Home Builders Association of West Florida, Inc. Petitioner to Intervene (filed via facsimile).
Mar. 28, 2000 Intervenors Response to Motion to Dismiss Petition for Administrative Hearing (filed via facsimile).
Mar. 24, 2000 Order sent out. (petition to intervene is granted, for Home Builders Association of West Florida, Inc. subject to proof of standing at final hearing)
Mar. 22, 2000 Department of Community Affairs` Response to County`s Motion to Dismiss filed.
Mar. 21, 2000 Order Placing Case in Abeyance sent out. (Parties to advise status by June 1, 2000)
Mar. 20, 2000 Home Builders Association of West Florida, Inc. Petition to Intervene (filed via facsimile).
Mar. 20, 2000 (J. Lander) Motion to Dismiss Petition for Administrative Hearing filed.
Mar. 17, 2000 Joint Response to Order filed.
Mar. 10, 2000 Initial Order issued.
Mar. 07, 2000 Determination of Consistency of Escambia County Ordinance No. 98-53 Preliminary Statement filed.
Mar. 07, 2000 Petition for Formal Administrative Hearing filed.
Source:  Florida - Division of Administrative Hearings

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