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ALACHUA COUNTY vs DEPARTMENT OF COMMUNITY AFFAIRS AND CITY OF NEWBERRY, 00-001608GM (2000)

Court: Division of Administrative Hearings, Florida Number: 00-001608GM Visitors: 4
Petitioner: ALACHUA COUNTY
Respondent: DEPARTMENT OF COMMUNITY AFFAIRS AND CITY OF NEWBERRY
Judges: LAWRENCE P. STEVENSON
Agency: Department of Community Affairs
Locations: Gainesville, Florida
Filed: Apr. 14, 2000
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, September 18, 2006.

Latest Update: Jun. 15, 2024
ron és” FINAL ORDER NO. DeA06-GM 236 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS ae Wen, Wes, ow KATHLEEN CROUCH, Petitioner, Case Nos. 00-0938GM v. 00-1608GM 00-1612GM DEPARTMENT OF COMMUNITY 00-1296GM AFFAIRS, CITY OF NEWBERRY, and ALACHUA COUNTY, Respondents. / FINAL ORDER An Administrative Law Judge of the Division of Administrative Hearings has entered an Order Closing Files 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 Newberry comprehensive plan amendments adopted by Ordinance No. 17-99 on December 13, 1999, Ordinance Nos. 8-00 and 11-00 on December 12, 2000, and Ordinance No. 30-05 on January 5, 2006, are “in compliance” with the Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, Part II, Florida Statutes (the “Act”). The Department issued Notices of Intent to find these plan amendments “in compliance” with the Act, The Petitioner filed a petition challenging the Department's Notices of Intent, which alleged that the plan amendments are not “in compliance.” The Petitioner subsequently filed a FINAL ORDER NO. DCA06-GM-236 Notice of Voluntary Dismissal. The Administrative Law Judge issued an Order Closing Files. ORDER WHEREFORE, it is ORDERED that the above-captioned proceeding is DISMISSED, and the comprehensive plan amendments adopted by City of Newberry Ordinance Nos. 17-99, 8- 00, 11-00, and 30-05 are determined to be “in compliance.” 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. FINAL ORDER NO. DCA06-GM-236 CERTIFICATE OF FILING AND SERVICE THEREBY CERTIFY that the original of the foregoing has been filed with the undersigned designated Agency Clerk, and that true and isd copies have been furnished to the persons listed below in the manner described, on this day of September, 2006. “4 , ‘Paula Ford Agency Clerk DEPARTMENT OF COMMUNITY AFFAIRS 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 VIA U.S. MAIL: The Honorable Lawrence P. Stevenson David C. Schwartz, Esquire Administrative Law Judge Alachua County Attorney’s Office Division of Administrative Hearings P.O. Box 2877 The DeSoto Building Gainesville, Florida 32602-2877 1230 Apalachee Parkway Counsel for County Tallahassee, FL 32399-3060 VIA HAND DELIVERY: S. Scott Walker, Esquire Kelly A. Martinson, Esq. 527 East University Avenue Department of Community Affairs Post Office Box 1775 2555 Shumard Oak Boulevard Gainesville, Florida 32602 Tallahassee, Florida 32399-2100 Counsel for City Counsel for Department David J. Russ, Esquire 1617 NW 16" Avenue B Gainesville, Florida 32605 Counsel for Petitioner

Docket for Case No: 00-001608GM
Issue Date Proceedings
Sep. 25, 2006 Final Order filed.
Sep. 18, 2006 Order Closing Files. CASE CLOSED.
Sep. 15, 2006 Petitioner Crouch`s Notice of Voluntary Dismissal filed.
Sep. 14, 2006 Notice of Appearance (filed by P. Boyes).
Sep. 13, 2006 Notice of Additional Appearance (filed by M. Murad).
Sep. 12, 2006 Petitioner Crouch`s Notice of Filing, Serving and Naming Additional Exhibits filed.
Sep. 11, 2006 Respondent Department of Community Affairs` Motion to Disqualify David Jon Russ as Counsel for the Petitioner, or Alternatively, as an Expert Witness filed.
Sep. 11, 2006 Respondent City of Newberry`s Pre-hearing Stipulation filed.
Sep. 11, 2006 Respondent`s Motion to Disqualify David J. Russ as Counsel for Petitioner and Memorandum in Support filed.
Sep. 11, 2006 Petitioner Crouch`s Motion for Relief from Effect of Failing to Respond to DCA Requests for Admission filed.
Sep. 11, 2006 Petitioner Crouch`s Response to DCA`s Requests for Admission filed.
Sep. 11, 2006 Pre-hearing Stipulation filed.
Sep. 11, 2006 Response to Request for Admissions filed.
Sep. 08, 2006 Pre-hearing Stipulation filed.
Sep. 07, 2006 Department of Community Affairs` Notice of Intent to Reply upon Admissions filed.
Sep. 05, 2006 Respondent Department of Community Affairs` Motion to Compel Discovery Responses filed.
Aug. 25, 2006 Order Denying Extension (responses to discovery requests shall be filed by August 30, 2006).
Aug. 25, 2006 Order Denying Motion to Close File.
Aug. 22, 2006 Department`s Response in Opposition to Motion of Petitioner Crouch for Extension of Time to Answer Discovery filed.
Aug. 18, 2006 Motion of Petitioner Crouch for Extension of Time to Answer Discovery filed.
Aug. 15, 2006 Respondent City of Newberry`s Notice of Service of First Set of Interrogatories to Petitioner Kathleen Crouch filed.
Aug. 09, 2006 Petitioner Crouch Opposition to Motion of DCA for Referral filed.
Aug. 04, 2006 Respondent City of Newberry`s First Request for Production to Petitioner Kathleen Crouch filed.
Jul. 18, 2006 Respondent Department`s Notice of Service of First Set of Interrogatories to Petitioner Kathleen Crouch filed.
Jul. 18, 2006 Respondent Department`s First Request for Production from Petitioner Kathleen Crouch filed.
Jul. 18, 2006 Respondent Department`s First Set of Requests for Admissions to Petitioner Kathleen Crouch filed.
Jul. 17, 2006 Respondent Department`s Motion to Close File and Relinquish Jurisdiction filed.
May 17, 2006 Order Granting Withdrawal (The Sierra Club).
May 15, 2006 Amended Notice of Voluntary Dismissal of Sierra Club filed.
May 05, 2006 Respondent Department`s Motion to Strike filed.
May 03, 2006 Notice of Voluntary Dismissal of Sierra Club filed.
Apr. 20, 2006 Order of Pre-hearing Instructions.
Apr. 20, 2006 Notice of Hearing (hearing set for September 18 through 22, 2006; 9:00 a.m.; Gainesville, FL).
Apr. 18, 2006 Joint Response to Order filed.
Apr. 03, 2006 Order (Department of Community Affairs` Motion to End Abatement granted; parties shall confer and advise the undersigned within fifteen days from the date of this Order of suggested dates for rescheduling the final hearing and the estimated length of time necessary to complete the hearing).
Mar. 17, 2006 Respondent Department`s Motion to End Abatement filed.
Mar. 14, 2006 Order Realigning Parties.
Mar. 09, 2006 Notice of Voluntary Dismissal filed.
Mar. 08, 2006 Petition for Administrative Hearing Challenging Plan, Plan Amendments, and Unadopted Agency Rule filed.
Mar. 02, 2006 Notice of Joinder on Behalf of Department filed.
Feb. 28, 2006 Status Report filed.
Feb. 24, 2006 Department of Community Affairs` Notice of Filing Notice of Intent and Request for Realignment of Parties filed.
Jan. 18, 2006 Petition for Writ of Certiorari (filed with the First District Court of Appeal).
Jan. 18, 2006 Petitioners` Motion for Leave to File Amended Petition for Writ of Certiorari (filed with the First District Court of Appeal).
Nov. 30, 2005 Order Continuing Case in Abeyance (parties to advise status by February 28, 2006).
Nov. 15, 2005 Notice of Filing First Amended Stipulated Settlement Agreement and Request for Continued Stay of Proceedings filed.
Nov. 04, 2005 Department`s Response to Petitioner Sierra Club and Crouch Motion to Reject Compliance Agreement and Request for Abatement and Motion for Evidentiary Hearing on this Motion filed.
Nov. 02, 2005 Motion for Extension of Time to Respond to Petitioner Sierra Club and Crouch Motion filed.
Oct. 26, 2005 Petitioner Sierra Club and Crouch Motion to Reject Compliance Agreement and Request for Abatement and Motion for Evidentiary Hearing on this Motion filed.
Oct. 19, 2005 Order Continuing Case in Abeyance (parties to advise status by January 23, 2006).
Oct. 11, 2005 Petitioner Sierra Club and Crouch Motion to Reject Compliance Agreement and Request for Abatement and Motion for Evidentiary Hearing on this Motion filed.
Oct. 03, 2005 Status Report and Motion for Continued Abeyance of Proceedings filed.
Jul. 11, 2005 Order (motions denied, Order dated July 1, 2005, is reaffirmed, and the matters will continue to remain in abeyance until October 3, 2005).
Jul. 08, 2005 Department`s Response to Petitioner Crouch`s and Sierra Club`s Motion for Attorneys` Fees and Evidentiary Hearing filed.
Jul. 05, 2005 Sierra Club and Crouch Opposition to Abeyance and Motions for Attorneys` Fees and Evidentiary Hearing filed.
Jul. 01, 2005 Order Continuing Case in Abeyance (parties to advise status by October 3, 2005).
Jun. 30, 2005 Status Report and Motion for Continued Abeyance of Proceedings filed.
Apr. 26, 2005 Order Placing Case in Abeyance (parties to advise status by June 30, 2005).
Apr. 25, 2005 Notice of Filing Stipulated Settlement Agreement and Request for Continued Stay of Proceedings filed.
Feb. 08, 2005 Order Granting Motion (City of Newberry`s Motion for Continuance granted; hearing set for February 16 and 17, 2005, cancelled).
Feb. 07, 2005 Petitioner Sierra Club Opposition to Motion for Continuance filed.
Feb. 07, 2005 Petitioner Crouch Opposition to Motion for Continuance filed.
Feb. 03, 2005 Sierra Club Stipulation for Substitution of Counsel filed.
Feb. 03, 2005 Petitioner Sierra Club Demand for Expeditions Resolution filed.
Feb. 01, 2005 Respondent City of Newberry`s Motion for Continuance filed.
Jan. 24, 2005 Order Scheduling Final Hearing. (final hearing will be held February 16, 2005; Gainesville, February 17 is also reserved).
Jan. 21, 2005 Petitioner Sierra Club and Crouch Demand for Expeditious Resolution filed.
Jan. 14, 2005 Order Continuing Case in Abeyance (parties to advise status by April 29, 2005).
Jan. 14, 2005 Department`s Response to Petitioner Crouch Response to Motion for Abeyance filed.
Jan. 11, 2005 Petitioner Crouch Response to Motion for Abeyance filed.
Jan. 07, 2005 Status Report and Motion for Continued Abeyance of Proceedings (filed by Respondent).
Nov. 09, 2004 Notice of Substitution of Counsel for Department of Community Affairs (filed by M. Webb, Esquire, via facsimile).
Oct. 29, 2004 Notice of Appearance as Counsel for Kathleen Crouch (filed by D. Russ, Esquire, via facsimile).
Oct. 29, 2004 Order Continuing Case in Abeyance (parties to advise status by January 7, 2005).
Oct. 28, 2004 Status Report and Motion for Continued Abeyance of Proceedings (filed by Respondent Department of Community Affairs via facsimile).
Aug. 27, 2004 Order Continuing Case in Abeyance (parties to advise status by October 29, 2004).
Aug. 26, 2004 Status Report and Motion for Continued Abeyance of Proceedings (filed by Respondent via facsimile).
Jun. 07, 2004 Order Continuing Case in Abeyance (parties to advise status by August 20, 2004).
Jun. 04, 2004 Respondent`s Status Report (filed by S. Walker via facsimile).
Apr. 05, 2004 Order Continuing Case in Abeyance (parties to advise status by June 4, 2004).
Apr. 02, 2004 Status Report filed.
Mar. 16, 2004 Order (the City of Newberry`s Motion for Partial Dismissal is granted).
Mar. 09, 2004 Memo to Judge Alexander from P. Belmont advising that he has no objection to entry of the proposed order granting motion for partial dismissal (filed via facsimile).
Mar. 04, 2004 (Proposed) Order Granting Motion for Partial Dismissal filed by S. Walker.
Feb. 02, 2004 Order Continuing Case in Abeyance (parties to advise status by April 2, 2004).
Jan. 30, 2004 Status Report and Motion for Continued Abeyance of Proceedings (filed by Respondent via facsimile).
Dec. 22, 2003 Motion for Partial Dismissal filed by S. Walker.
Nov. 04, 2003 Order Continuing Case in Abeyance (parties to advise status by January 30, 2004).
Nov. 03, 2003 Status Report and Motion for Continued Abeyance of Proceedings (filed by T. Dennis via facsimile).
Sep. 03, 2003 Order Continuing Case in Abeyance (parties to advise status by November 4, 2003).
Sep. 02, 2003 Status Report and Motion for Continued Abeyance of Proceedings (filed by T. Dennis via facsimile).
Jun. 26, 2003 Order Continuing Case in Abeyance (parties to advise status by August 29, 2003).
Jun. 26, 2003 Joint Status Report and Motion for Continued Abeyance of Proceedings (filed by T. Dennis via facsimile).
Apr. 11, 2003 Notice of Substitution of Counsel for Department of Community Affairs (filed by T. Dennis via facsimile).
Apr. 02, 2003 Order Continuing Case in Abeyance issued (parties to advise status by June 30, 2003).
Apr. 01, 2003 Status Report (filed by C. Roopnarine via facsimile).
Jan. 14, 2003 Order Continuing Case in Abeyance issued (parties to advise status by March 31, 2003).
Jan. 10, 2003 Status Report (filed by C. Roopnarine via facsimile).
Nov. 07, 2002 Order Continuing Case in Abeyance issued (parties to advise status by January 10, 2003).
Nov. 04, 2002 Status Report (filed by Respondent via facsimile).
Sep. 19, 2002 Notice of Substitution of Counsel (filed by J. Brown).
Sep. 03, 2002 Order Continuing Case in Abeyance issued (parties to advise status by November 1, 2002).
Aug. 30, 2002 Status Report (filed by DCA via facsimile).
May 07, 2002 Order Continuing Case in Abeyance issued (parties to advise status by August 30, 2002).
May 06, 2002 Status Report (filed by C. Rooparine via facsimile).
Mar. 14, 2002 Order Continuing Case in Abeyance issued (parties to advise status by May 3, 2002).
Mar. 11, 2002 Status Report (filed by DCA via facsimile).
Dec. 12, 2001 Order Continuing Case in Abeyance issued (parties to advise status by March 8, 2002).
Dec. 10, 2001 Status Report (filed by Respondent DCA via facsimile).
Sep. 21, 2001 Order Continuing Case in Abeyance issued (parties to advise status by December 7, 2001).
Sep. 04, 2001 Status Report for DOAH Case No. 00-1608GM (filed by C. Roopnarine via facsimile).
Sep. 04, 2001 Status Report (filed by C. Roopnarine via facsimile).
Apr. 30, 2001 Order Continuing Case in Abeyance issued (parties to advise status by August 31, 2001).
Apr. 27, 2001 Joint Status Report (filed via facsimile).
Apr. 09, 2001 Order (Case: 01-001296GM was added to the consolidated batch).
Feb. 19, 2001 Order Granting Continuance and Placing Case in Abeyance issued (parties to advise status by April 27, 2001).
Feb. 16, 2001 Motion for Continuance filed by Petitioner
Feb. 14, 2001 Notice of Substitution of Counsel for Defendant Department of Community Affiars (filed by C. Roopnarine via facsimile).
Feb. 12, 2001 Order (Consolidated Cases: 00-938GM, 00-001608GM, 00-1612 was added to the consolidated batch) issued.
Jan. 29, 2001 Alaucha County`s Motion to Consolidate or Alternative Motion to Intervene (00-1608 and 00-0938) filed.
Dec. 13, 2000 Order Continuing Case in Abeyance issued (parties to advise status by March 14, 2001).
Dec. 12, 2000 Joint Status Report (filed via facsimile).
Sep. 11, 2000 Order Continuing Case in Abeyance issued (parties to advise status by December 15, 2000).
Sep. 05, 2000 Status Report (filed by Respondent via facsimile).
May 04, 2000 Order Placing Case in Abeyance sent out. (Parties to advise status by August 31, 2000)
May 02, 2000 Joint Response to Initial Order (filed via facsimile).
Apr. 20, 2000 Initial Order issued.
Apr. 14, 2000 Alachua County`s Petition for Formal Administrative Hearing filed.
Apr. 14, 2000 Agreement filed.
Apr. 14, 2000 Agency Referral Letter filed.
Source:  Florida - Division of Administrative Hearings

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