Elawyers Elawyers
Ohio| Change

DEPARTMENT OF COMMUNITY AFFAIRS vs FLAGLER COUNTY, 01-003912GM (2001)

Court: Division of Administrative Hearings, Florida Number: 01-003912GM Visitors: 22
Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: FLAGLER COUNTY
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Community Affairs
Locations: Bunnell, Florida
Filed: Oct. 09, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, January 22, 2003.

Latest Update: Dec. 24, 2024
i” / aay Final Order No. peggrentins= Pr STATE OF FLORIDA Dn 2:03 DIVISION OF ADMINISTRATIVE HEARINGS ADMIN SIE Nog HEADIRAT DEPARTMENT OF COMMUNITY AFFAIRS, ARinGs (VE Petitioner, and FLORIDA WILDLIFE FEDERATION, TH TU chore Intervenor, DOAH Case No. 01-3912GM Vv. Case No. DCA03-GM-029 FLAGLER COUNTY, Respondent. / FINAL ORDER An Administrative Law J udge 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 Flagler County Comprehensive Pian Amendment 01-1, adopted by Ordinance No. 2002-13 on August 2, 2001, is “in 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 County adopted the remedial amendments and the Department subsequently published its Cumulative Notice of Intent to find the Plan Amendment Final Order No. DCA03-GM-029 and the remedial amendment to be “in compliance” with Chapter 163, Part II, Florida Statutes, and Rule 9J-5, Florida Administrative Code. The Department subsequently filed a Motion to Relinquish Jurisdiction. The Administrative Law Judge issued his Order Closing File (copy attached hereto). No Exceptions to the Administrative Law Judge’s Order were filed. 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 Tallahassee, Florida. Le M. Céstille, os UNITY AFFAIRS DEPARTMENT OF CO 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., ISNOT AVAILABLE WITH RESPECT TO THE ISSUES RESOLVED BY THIS ORDER. Final Order No. DCA03-GM-029 CERTIFICATE OF FILING AND SERVICE I HEREBY CERTIFY that the original of the foregoing has been filed with the undersigned Agency Clerk of the Department of Community Affairs, and that true and correct copies have been furnished to the persons listed below in the manner described, on this day of , 2003. Paula Ford Agency Clerk Car} Kern, Esquire Laura Feagin, Esquire 1200 East Moody Blvd Lewis, Longman & Walker, P.A. Box 11 Post Office Box 10788 Bunnell, Florida 32110 Tallahassee, FL. 32302 Thomas W. Reese, Esquire 2951 61% Avenue, South St. Petersburg, Florida 33712

Docket for Case No: 01-003912GM
Issue Date Proceedings
Jan. 31, 2003 Final Order filed.
Jan. 22, 2003 Order Closing File issued. CASE CLOSED.
Jan. 17, 2003 Corrected Status Report and Motion to Close File and Relinquish Jurisdiction (filed by Petitioner via facsimile).
Jan. 16, 2003 Status Report and Motion to Close File and Relinquish Jurisdiction (filed by Petitioner via facsimile).
Sep. 30, 2002 Order Continuing Case in Abeyance issued (parties to advise status by January 14, 2003).
Sep. 30, 2002 (Joint) Stipulated Settlement Agreement filed.
Sep. 30, 2002 Notice of Filing Stipulated Settlement Agreement and Request for Stay of Proceedings filed by Petitioner.
Sep. 03, 2002 Order Granting Continuance and Placing Case in Abeyance issued (parties to advise status by October 3, 2002).
Aug. 30, 2002 Joint Motion for Continuance filed.
Aug. 07, 2002 Notice of Service of Department of Community Affairs` First Set of Interrogatories to Respondent Flagler County filed.
Aug. 01, 2002 Notice of Serving Interrogatories filed by Respondent
Jul. 09, 2002 Order Granting Counsel Leave to Withdraw issued.
Jul. 05, 2002 Order Permitting Withdrawal of Mary D. Hansen as Counsel of Record for Flagler County filed.
Jul. 05, 2002 (Proposed) Order Permitting Withdrawal of Mary D. Hansen as Counsel of Record for Flagler County filed.
Jul. 05, 2002 Motion for leave to Withdraw as Counsel of Record for Flagler County filed by Respondent.
Jul. 02, 2002 Order Granting Continuance and Re-scheduling Hearing issued (hearing set for September 24 and 25, 2002; 9:00 a.m.; Bunnell, FL).
Jun. 28, 2002 Joint Motion for Continunace filed.
Jun. 27, 2002 Notice of Appearance filed by E. Steinmeyer.
Jun. 05, 2002 Notice of Substitution of Counsel for Department of Community Affairs filed.
May 23, 2002 Notice of Mediation filed by Respondent.
May 03, 2002 Joint Case Management Report (filed via facsimile).
Feb. 20, 2002 Order of Pre-hearing Instructions issued.
Feb. 20, 2002 Notice of Hearing issued (hearing set for July 24 and 25, 2002; 9:00 a.m.; Bunnell, FL).
Jan. 25, 2002 Order Denying Petition to Intervene Without Prejudice issued.
Jan. 24, 2002 Petition to Intervene filed by M. Hansen.
Jan. 18, 2002 Status Report (filed by Petitioner via facsimile).
Jan. 04, 2002 Order Continuing Case in Abeyance issued (parties to advise status by January 18, 2002).
Dec. 19, 2001 Status Report (filed by Petitioner via facsimile).
Nov. 30, 2001 Notice of Appearance (filed by Respondent via facsimile).
Nov. 27, 2001 Order Continuing Case in Abeyance issued (parties to advise status by December 19, 2001).
Nov. 27, 2001 Status Report filed by Petitioner.
Nov. 06, 2001 Order Granting Leave to Intervene issued (Florida Wildlife Federation).
Nov. 02, 2001 Florida Wildlife Federation`s Petition to Intervene as Pettioner-in-Intervention (filed via facsimile).
Oct. 25, 2001 Order Placing Case in Abeyance issued (parties to advise status by November 19, 2001).
Oct. 18, 2001 Joint Response to Initial Order (filed by Petitioner via facsimile).
Oct. 10, 2001 Initial Order issued.
Oct. 09, 2001 Objections, Recommendations and Comments for Flagler County filed.
Oct. 09, 2001 Notice of Intent to find the Flagler County Comprehensive Plan Amendments Not in Compliance filed.
Oct. 09, 2001 Petition for Formal Administrative Hearing filed.
Source:  Florida - Division of Administrative Hearings

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer