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FRANK B. ARENAS; FREEFLIGHT INTERNATIONAL, INC.; AND SCD SERVICES, INC. vs CITY OF COLEMAN AND DEPARTMENT OF COMMUNITY AFFAIRS, 00-003458GM (2000)

Court: Division of Administrative Hearings, Florida Number: 00-003458GM Visitors: 38
Petitioner: FRANK B. ARENAS; FREEFLIGHT INTERNATIONAL, INC.; AND SCD SERVICES, INC.
Respondent: CITY OF COLEMAN AND DEPARTMENT OF COMMUNITY AFFAIRS
Judges: D. R. ALEXANDER
Agency: Department of Community Affairs
Locations: Coleman, Florida
Filed: Aug. 17, 2000
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, February 8, 2001.

Latest Update: Dec. 23, 2024
7, OF FINAL ORDER NO. DCA ‘Be. aM “& STATE OF FLORIDA toffh Ys, re a hy DEPARTMENT OF COMMUNITY AFFAIRS Aes " 7p 5 Go 0 N, Vp FRANK B. ARENAS, FREEFLIGHT os INTERNATIONAL, INC., and SDC SERVICES, INC., Petitioners, Vv. DOAH Case No. 00-3458GM DEPARTMENT OF COMMUNITY AFFAIRS and CITY OF COLEMAN, per Respondents. C \o 9 / =" 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 Coleman comprehensive plan amendment, adopted by Ordinance No. 2000-1 on April 10, 2000, is “in compliance” with the Local Government Comprehensive Planning and Land Development Regulation Act, Ch, 163, Part II, Florida Statutes (the “Act”). The Department issued a Notice of Intent to find the amendment in compliance with the Act. The Petitioners filed a petition challenging the Department’s Notice of Intent, which alleged that the plan amendment is not “in compliance. On January 16, 2001, the Administrative Law Judge issued an Order advising Petitioners to notify the parties if they intended to pursue the FINAL ORDER NO. DCA 01-GM-023 matter further, and if no notification was received the matter would be assumed to be closed. The Department subsequently filed a Motion to Close File and Relinquish Jurisdiction. The Administrative Law Judge issued an Order Closing File. ORDER WHEREFORE, it is ORDERED that the above-captioned proceeding is DISMISSED, and the comprehensive plan amendment adopted by City of Coleman Ordinance No. 2000-1 is determined to be “in compliance.” DONE AND ORDERED in Tallahassee, Florida. 4, Steven M. Seibert, Segfetary DEPARTMENT OF COMMUNIT 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 ‘AIRS 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 MEDIATION UNDER SECTION 120.573, FLA. STAT., IS NOT AVAILABLE WITH RESPECT TO THE ISSUES RESOLVED BY THIS ORDER. FINAL ORDER NO. DCA 01-GM-023 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 an Gprrect Copies haye been furnished to the persons listed below in the manner described, on this /g=* day of ( La; 2001. Agency Clerk U.S. Mail: Hand Delivery: Frank Arenas The Honorable Donald R. Alexander 2327 Taylor Avenue Administrative Law Judge Post Office Box 600 Division of Administrative Hearings Coleman, Florida 33521 The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL. 32399-3060 Brenda H. Smith, Esquire Colin M. Roopnarine 350 East Cassady Street Assistant General Counsel Umatilla, Florida 32784 Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 RECEIVED — FEB 09 2001 STATE OF FLORIDA sanmy areuns | DEPT. OF COMMUNITY AFFAIRS | DIVISION OF ADMINISTRATIVE HEARINGS GENERAL COUNSELS OFFICE | FRANK B. ARENAS; FREEFLIGHT INTERNATIONAL, INC.; and scp SERVICES, INC., Petitioners, CITY OF COLEMAN and DEPARTMENT OF COMMUNITY AFFAIRS, ) ) ) ) ) ) vs. ) Case No. 00-3458GM ) ) ) ) Respondents. ) ) eee ORDER CLOSING FILE This cause having come before the undersigned on the Department of Community Affairs! Motion to Close File and Relinquish Jurisdiction, and the undersigned being fully advised in the premises, it is, therefore, ORDERED that: 1. The. Motion to Close File and Relinquish Jurisdiction igs hereby granted and jurisdiction is relinquished back to the agency. 2. The file of the Division of Administrative Hearings in the above-captioned ‘matter is hereby closed. Bw DONE AND ORDERED this Be day of February, 2001, in Tallahassee, Leon County, Florida. aa f Puneet C DONALD R. ALEXANDE Administrative La 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 Filed with the Clerk of the Division of Administrative Hearings this i day of February, 2001. COPIES FURNISHED: Frank Arenas 2327 Taylor Avenue Post Office Box 600 Coleman, Florida 33521 Colin M. Roopnarine, Esquire ~ Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Brenda H. Smith, Esquire 350 East Cassady Street Umatilla, Florida 32784

Docket for Case No: 00-003458GM
Issue Date Proceedings
Feb. 19, 2001 Final Order filed.
Feb. 08, 2001 Order Closing File issued. CASE CLOSED.
Feb. 06, 2001 Motion to Close File and Relinquish Jurisdiction filed by Petitioner.
Jan. 16, 2001 Order issued (Petitioners shall advise if they still intend to pursue this matter by January 26, 2001).
Jan. 11, 2001 Response to Order (filed by Respondent via facsimile).
Dec. 13, 2000 Notice filed by the Agency.
Dec. 04, 2000 Order issued (William E. Lackey, Esquire, is relieved of all further responsibility in this case).
Nov. 29, 2000 Joint Stipulation and Order for Substitution of Counsel for City of Coleman with (Proposed) Order Substituting Brenda H. Smith as Attorney for City of Coleman and Order Allowing William E. Lackey to Withdraw as Attorney for City of Coleman filed.
Nov. 27, 2000 Order Granting Continuance and Placing Case in Abeyance issued (parties to advise status by January 11, 2001).
Nov. 21, 2000 Letter to Judge D. Alexander from F. Arenas In re: request for continuance (filed via facsimile).
Nov. 20, 2000 Department of Community Affairs` Request for Admissions filed.
Nov. 13, 2000 Department of Community Affiars` First Set of Interrogatories to Petitioner filed.
Nov. 13, 2000 Notice of Service of Department of Community Affairs` First Set of Interrogatories to Petitioner filed.
Nov. 13, 2000 Department of Community Affairs` Motion for Summary Recommended Order and Request for Oral Argument filed.
Nov. 09, 2000 Department of Community Affairs` Request for Production of Documents to Petitioner filed. filed.
Oct. 18, 2000 Order issued.
Sep. 20, 2000 Petitioner`s Objection to City of Coleman`s Motion to Dismiss Amended Petition (filed via facsimile).
Sep. 19, 2000 Amended Notice of Hearing issued. (hearing set for January 5, 2001; 10:00 a.m.; Coleman, FL, amended as to Date Only).
Sep. 14, 2000 Ltr. to Judge D. Alexander from F. Arenas In re: request for continuance filed.
Sep. 12, 2000 Department of Community Affairs` Request for Hearing on Motion to Strike (filed via facsimile).
Sep. 11, 2000 Order issued. (Department of Community Affairs` Motion to Strike is granted and paragraphs c, d, f, g, and the first two senteces of paragraph e of the amended petition are stricken)
Sep. 05, 2000 Notice of Hearing issued (hearing set for December 8, 2000; 10:00 a.m.; Coleman, FL).
Sep. 01, 2000 City of Coleman`s Motion to Dismiss Amended Petition filed.
Aug. 24, 2000 City of Coleman`s Compliance with Revised Initial Order (filed via facsimile).
Aug. 23, 2000 Department of Community Affairs` Motion to Strike filed.
Aug. 22, 2000 Response to Order (Respondent) filed.
Aug. 22, 2000 Ltr. to DOAH from F. Arenas In re: response to Initial Order (filed via facsimile).
Aug. 17, 2000 Ordinance No. 2000-1 filed.
Aug. 17, 2000 Future Land Use Element filed.
Aug. 17, 2000 Amended Petition filed.
Aug. 17, 2000 Initial Order issued.
Aug. 17, 2000 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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