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
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FINAL ORDER NO. DCA3-GM-140- i
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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
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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).
|