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DEPARTMENT OF COMMUNITY AFFAIRS vs CITY OF LEESBURG, 02-003602GM (2002)

Court: Division of Administrative Hearings, Florida Number: 02-003602GM Visitors: 21
Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: CITY OF LEESBURG
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Community Affairs
Locations: Leesburg, Florida
Filed: Sep. 16, 2002
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, October 23, 2003.

Latest Update: Dec. 24, 2024
@. FINAL ORDER NO. DCA03-Gia- 29 . Wk, STATE OF FLORIDA y DEPARTMENT OF COMMUNITY AFFAIRS DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, TOT Chetecf Vv. DOAH Case No. 02-3602GM CITY OF LEESBURG, 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 The City of Leesburg adopted Comprehensive Plan Amendment Q1-1 by Ordinance No. 01-62 on December 10, 2001. The Department reviewed the Amendment, determined that a portion of it was not consistent with State law, and caused to be published a Notice of Intent to find that portion of the Amendment not “in compliance” with the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Part II, Florida Statutes. The Department then instituted this administrative proceeding against the City. See Fla. Stat. § 163.3184(10). FINAL ORDER NO. DCA03-GM~299 After initiation of the administrative proceeding, the City and Department entered into a Stipulated Settlement Agreement which required the City to adopt certain remedial amendments. The City adopted the remedial amendments, and the Department subsequently caused to be published a Cumulative Notice of Intent to find the original Amendment and the remedial Amendments “in compliance.” The Department then filed a Motion to Relinquish Jurisdiction with the Division of Administrative Hearings. The Administrative Law Judge issued his Order Relinquishing Jurisdiction and Closing File. 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. m™ Ald CY phe, Colleen M. Castille, Se retary 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)@) 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 Page 2 of 83 FINAL ORDER NO. DCA03-GM-299 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. 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 pergons, listed below in the manner described, on this */2> day of {Efi , 2003. Wu. Paula Ford Agency Clerk U. S. Mail: The Honorable J. Lawrence Johnston Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 Linda Loomis Shelley Fowler, White, Boggs & Banker Post Office Box 11240 Tallahassee, Florida 32302-3240 Steven M. Samaha Attorney at Law Post Office Box 3433 Tampa, Florida 33601-3433 Hand Delivery: Shaw Stiller Assistant General Counsel Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Page 3 of 3

Docket for Case No: 02-003602GM
Issue Date Proceedings
Nov. 03, 2003 Final Order filed.
Oct. 23, 2003 Order Closing File. CASE CLOSED.
Oct. 22, 2003 Status Report and Motion to Close File and Relinquish Jurisdiction (filed by Petitioner via facsimile).
Jul. 15, 2003 Order Continuing Case in Abeyance (parties to advise status by October 13, 2003).
Jul. 14, 2003 Status Report (filed by Petitioner via facsimile).
Apr. 07, 2003 Order Continuing Case in Abeyance issued (parties to advise status by July 7, 2003).
Apr. 04, 2003 Status Report (filed by Petitioner via facsimile).
Jan. 24, 2003 Order Continuing Case in Abeyance issued (parties to advise status by March 25, 2003).
Jan. 21, 2003 Status Report (filed by Petitioner via facsimile).
Sep. 30, 2002 Order Placing Case in Abeyance issued (parties to advise status by January 3, 2003).
Sep. 26, 2002 Joint Response to Initial Order (filed by Petitioner via facsimile).
Sep. 19, 2002 Initial Order issued.
Sep. 16, 2002 Stipulated Settlement Agreement filed.
Sep. 16, 2002 Notice of Filing Stipulated Settlement Agreement and Request for Stay of Proceedings filed.
Sep. 16, 2002 Department of Community Affairs` Petition for Formal Administrative Hearing filed.
Source:  Florida - Division of Administrative Hearings

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