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. 22, 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.
|