Elawyers Elawyers
Washington| Change

DEPARTMENT OF COMMUNITY AFFAIRS vs CITY OF EDGEWATER, 02-000862GM (2002)

Court: Division of Administrative Hearings, Florida Number: 02-000862GM Visitors: 114
Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: CITY OF EDGEWATER
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Community Affairs
Locations: Edgewater, Florida
Filed: Feb. 27, 2002
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, June 6, 2003.

Latest Update: Dec. 24, 2024
fa Bt ps FINAL ORDER NO. DCA3-GM-140- i o SUN STATE OF FLORIDA 19 py 2: J g DEPARTMENT OF COMMUNITY AFFAIRS bri DEPARTMENT OF COMMUNITY AFFAIRS, ee Petitioner, TIT Vs. J () . Cles DOAH CASE NO. 02-0862GM CITY OF EDGEWATER, Respondent. / 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 portions of the City of Edgewater (City) Comprehensive Plan Amendment 01-1ERA, adopted by Ordinance Nos. 2001-O-21, 2001-O-23, 2001-O-27, 2001-O-35 and 2001-O-36, on December 17, 2001, are “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 that required the City to adopt certain remedial amendments. The City adopted the remedial amendments and the Department subsequently published its Cumulative Notice of Intent to find the Plan Amendment and the remedial amendment to be “in compliance” with Chapter 163, Part II, Florida Statutes, and Rule 9J-5, Florida Administrative Code. FINAL ORDER NO. DCA 99-GM-096 The Department subsequently filed a Motion to Relinquish Jurisdiction. The Administrative Law Judge issued an Order Relinquishing Jurisdiction and 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. (able COLLEEN CASTILLE, Secretary DEPARTMENT OF COMMUNITY AFFAIRS 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 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. DCA 99-GM-096 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 / Gtte- day of June, 2003. Paula Ford te Agency Clerk Hand Delivery: U.S. Mail: The Honorable J. Lawrence Johnston Scott Cookson, Esq. Division of Administrative Hearings Foley & Lardner The DeSoto Building 111 North Orange Avenue, 1230 Apalachee Parkway Suite 1800 Tallahassee, FL 32399-1550 Orlando, Florida 32801-2386 Timothy E. Dennis Assistant General Counsel Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 ud

Docket for Case No: 02-000862GM
Issue Date Proceedings
Jun. 19, 2003 Final Order filed.
Jun. 06, 2003 Order Closing File. CASE CLOSED.
Jun. 05, 2003 Status Report and Motion to Close File and Relinquish Jurisdiction (filed by Petitioner via facsimile).
May 20, 2003 Order Continuing Case in Abeyance issued (parties to advise status by June 18, 2003).
May 19, 2003 Notice of Substitution of Counsel for the Department of Community Affairs (filed by T. Dennis via facsimile).
May 19, 2003 Status Report and Joint Motion for Continued Abatement of Proceedings (filed by Petitioner via facsimile).
Feb. 17, 2003 Order Continuing Case in Abeyance issued (parties to advise status by May 19, 2003).
Feb. 14, 2003 (Joint) Stipulated Settlement Agreement filed.
Feb. 14, 2003 Joint Motion for Continued Abatement of Proceedings and Notice of Filing Stipulated Settlement Agreement filed by Petitioner.
Feb. 04, 2003 Order Continuing Case in Abeyance issued (parties to advise status by April 4, 2003).
Feb. 03, 2003 Joint Status Report (filed by Petitioner via facsimile).
Nov. 05, 2002 Order Continuing Case in Abeyance issued (parties to advise status by February 3, 2003).
Nov. 04, 2002 Joint Status Report (filed by Petitioner via facsimile).
Aug. 12, 2002 Order Continuing Case in Abeyance issued (parties to advise status by November 4, 2002).
Aug. 05, 2002 Joint Status Report (filed via facsimile).
Jul. 05, 2002 Order Granting Continuance and Placing Case in Abeyance issued (parties to advise status by August 5, 2002).
Jul. 05, 2002 Joint Motion to Abate Final Hearing (filed via facsimile).
Jun. 12, 2002 Notice of Service of Department of Community Affairs` First Set of Interrogatories to Respondent (filed via facsimile).
Apr. 23, 2002 Order of Pre-hearing Instructions issued.
Apr. 23, 2002 Notice of Hearing issued (hearing set for July 30 and 31, 2002; 9:00 a.m.; Edgewater, FL).
Mar. 25, 2002 Joint Response to Order Scheduling Final Hearing (filed via facsimile).
Mar. 01, 2002 Initial Order issued.
Mar. 01, 2002 Amended Petition of the Department of the Community Affairs and Notice of Method of Recordation (filed via facsimile).
Feb. 27, 2002 Department of Community Affairs Notice of Intent to Find the City of Edgewater Comprehensive Plan Amendments Adopted by Ordiance (filed via facsimile).
Feb. 27, 2002 Statement of Intent to Find Comprehensive Plan Amendments Not in Compliance (filed via facsimile).
Feb. 27, 2002 Petition of the Department of Community Affairs and Notice of Method of Recordation (filed via facsimile).
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