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MARY BILLOTTI AND VALERIE BRITT vs CITY OF JACKSONVILLE AND DEPARTMENT OF COMMUNITY AFFAIRS, 03-000067GM (2003)

Court: Division of Administrative Hearings, Florida Number: 03-000067GM Visitors: 10
Petitioner: MARY BILLOTTI AND VALERIE BRITT
Respondent: CITY OF JACKSONVILLE AND DEPARTMENT OF COMMUNITY AFFAIRS
Judges: D. R. ALEXANDER
Agency: Department of Community Affairs
Locations: Jacksonville, Florida
Filed: Jan. 09, 2003
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, February 10, 2003.

Latest Update: May 18, 2024
a ee g Q> oe be a £8 FINAL ORDER NO. DCA 03. GMS 1 OQ OK STATE OF FLORIDA WO Wy, DEPARTMENT OF COMMUNITY AFFAIRS ad Q% MARY BILLOTTI, VALERIE BRITT, and ELYSE BRADY Petitioners, Vv. j DU Cece DEPARTMENT OF COMMUNITY DOAH Case No. 03-0067GM AFFAIRS and CITY OF JACKSONVILLE, FLORIDA, Respondents. and MOODY TRUCK CENTER, INC., JULIAN LECRAW AND COMPANY, INC., CBR INVESTMENTS PARTNERSHIP; CRESCENT NURSERYFIELDS, LTD. and DISSTON RANCH, LTD. / 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 J acksonville comprehensive plan amendment, adopted by Ordinance Nos. 2220-913-E, 2002-917-E, 2002-921-E, 2002-923-E, 2002-925-E, 2002-926-E, 2002-927-E, 2002-929-E, 2002-930-E, 2002-932-E, 2002-934-E, 2002-936-E, 2002-938-E, and 2002-939-E, on October 8, 2002, is “in compliance” with the FINAL ORDER NO. DCA 03-GM-054 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. The Petitioners subsequently filed a voluntary dismissal. 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 Jacksonville Ordinance Nos. as listed above, and adopted on October 8, 2002, is determined to be “in compliance.” DONE AND ORDERED in Tallahassee, Fl Va ZN ‘i Colleen M. Castille, Secretary /,’ DEPARTMENT OF COMMUNITY AFFAIRS 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 FINAL ORDER NO. DCA 03-GM-054 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 03-GM-054 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 and ect copies have been furnished to the persons listed below in the manner described, on this _} day of Acprsssy 2003. VWotome Muy 27 , Paula Ford Agency Clerk U.S. Mail: Hand Delivery: Valerie Britt The Honorable Donald R. Alexander 378 Tilefish Court Administrative Law Judge Jacksonville, Florida 32225 Division of Administrative Hearings The DeSoto Building Mary Billotti 1230 Apalachee Parkway 469 Pablo Point Drive Tallahassee, FL 32399-3060 Jacksonville, Florida 32225 Tracey Arpen, Esquire Colin M. Roopnarine, Assistant General Assistant General Counsel Department of Community Affairs City of Jacksonville 2555 Shumard Oak Boulevard 117 W. Duval Street, Suite 480 Tallahassee, Florida 32399-2100 Jacksonville, Florida 32202 Marcia Parker Tjoflat Florida Bar No. 700150 200 West Forsyth Street Suite 1400 Jacksonville, Florida 32202-4327 T.R. Hainline, Esq. Drew D. Frick, Esq. 1301 Riverplace Boulevard Suite 1500 Jacksonville, Florida 32207

Docket for Case No: 03-000067GM
Issue Date Proceedings
Feb. 18, 2003 Petitioners Notice of Filing Copy of Department of Community Affairs Objections, Recommendations and Comments for City of Jacksonville Amendment 02-2A filed.
Feb. 18, 2003 Letter to R. Towers from M. Billotti stating letter was found lying at door filed.
Feb. 17, 2003 Final Order filed.
Feb. 10, 2003 Order Closing File issued. CASE CLOSED.
Feb. 07, 2003 (Joint) Report on Mediation and Notice of Voluntary Dismissal (filed via facsimile).
Feb. 07, 2003 (Joint) Second Report on Mediation and Notice of Voluntary Dismissal (filed via facsimile).
Feb. 07, 2003 Withdrawal of Petition of Hearing as to Amendment 2002AA-12 (filed by Petitioners via facsimile).
Feb. 07, 2003 Letter to Judge Alexander from M. Billotti and V. Britt requesting case be removed from hearing schedule once all three pleadings are filed (filed via facsimile).
Feb. 06, 2003 Notice of Filing Petitioner`s Joint Exhibits List (filed via facsimile).
Feb. 06, 2003 Petitioner`s Joint Prehearing Stipulation (filed via facsimile).
Feb. 05, 2003 Order issued. (Estuary Corporation is dismissed as a party in this proceeding)
Feb. 05, 2003 Prehearing Stipulation (filed by D. Frick via facsimile).
Feb. 05, 2003 Letter to Judge Alexander from M. Billotti and V. Britt informing of last minute need to file a Petitioners separate statement (filed via facsimile).
Feb. 05, 2003 Notice of Taking Deposition Duces Tecum, V. Britt (filed by L. Aycock via facsimile).
Feb. 05, 2003 Department of Community Affairs` Motion in Limine (filed via facsimile).
Feb. 05, 2003 Intervenors` Motion in Limine Regarding Discovery Responses (filed by T. Hanline via facsimile).
Feb. 05, 2003 Respondent/Intervenors` Motion in Limine Regarding Witnesses, Environmental Permits, and Concurrency (filed by L. Aycock via facsimile).
Feb. 05, 2003 Respondents and Intervenors Response to Petitioner`s Motion to Re-Set Hearing and to Enlarge Time for Discovery, Exhibit Lists, and Pre-Trial Stipulations and Repeated Request to Amend the Petition (filed via facsimile).
Feb. 05, 2003 Petitioners Response and Objections to Motion to Exchange (filed via facsimile).
Feb. 04, 2003 Order issued. (request to continue the final hearing until a later date is denied, Petitioners` request to amend their pleading is granted in part, all other requests for relief are denied)
Feb. 04, 2003 Order issued. (Petitioners` withdrawal of petition for hearing as to Estuary amendments, those claims are dismissed, with prejudice)
Feb. 04, 2003 Estuary Corporation`s Notice of Voluntary Dismissal (filed via facsimile).
Feb. 04, 2003 Petitioners` Response and Objections to Estuary`s 2/3/03 Motion to Strike Petition Withdrawn as to Estuary Flums on 1/30/03 (filed via facsimile).
Feb. 04, 2003 Petitioners` Motion to Re-Set Hearing and to Enlarge Time for Discovery, Exhibit Lists and Pre-Trial Stipulations and Repeated Request to Amend the Petition for Hearing (filed via facsimile).
Feb. 03, 2003 Intervenro Estuary Corporation`s Response to "Petitioners` Response to Initial Mediation of 5 Estuary Flums and Notice of Withdrawal of Estuary (Only) Amendments from DOAH Compliance Proceeding and Notice of Continuation of Mediation of Estuary Dispute" (filed via facsimile).
Feb. 03, 2003 * (Amended) Notice of Case Meeting for Prehearing Stipulation (filed by Petitioners via facsimile).
Feb. 03, 2003 *Amendment to Clarification #4 to Reflect 1/30/03 Withdrawal of Petition for Hearing as to Estuary Amendments (filed by Petitioners via facsimile).
Feb. 03, 2003 Petitioner Britt`s Notice of Serving Responses to Requests for Production and Discovery (filed via facsimile).
Feb. 03, 2003 Billotti`s Notice of Serving Responses to Requests for Production and Discovery (filed via facsimile).
Feb. 03, 2003 Petitioners` Notice of Moot Requests and Motion to Strike Them (filed via facsimile).
Feb. 03, 2003 Petitioners` Response and Objections to Estuary`s Motion to Compel Petitioners` Witness Lists and Motion to Strike Estuary`s Motion (filed via facsimile)
Feb. 03, 2003 Notice and Demand for Mediation Regarding Mu Flum Amendment in TMA Ordinance 2002-927 (filed by Petitioners via facsimile).
Feb. 03, 2003 Petitioners Notice and Demand for Mediation Regarding Coastal Management Element Text Amendment Ordinance 2002-939 (filed via facsimile).
Jan. 31, 2003 (Amended) Notice of Case Meeting for Prehearing Stipulation (filed by Petitioners via facsimile).
Jan. 31, 2003 Respondent City of Jacksonville and Intervenors Moody Truck Center, Inc., Julian Lecraw and Company, Inc., CBR Investments Partnership, Crescent Nurseyfields, Ltd., Joint Motion to Compel Petitioner`s Response to Order Dated January 22, 2003 (filed via facsimile)
Jan. 31, 2003 Department of Community Affairs` Unavailability (filed via facsimile).
Jan. 31, 2003 Notice of Case Meeting for Pre-Hearing Stipulation (filed by Petitioners via facsimile).
Jan. 30, 2003 Petitioners` Response to Initial Mediation of 5 Estuary Flums and Notice of Withdrawal of Esturay (Only) Amendments from DOAH Compliance Proceeding and Notice of Continuation of Mediation of Estuary Dispute (filed via facsimile).
Jan. 30, 2003 Petitioner Billotti`s Request for Issuing of Subpoenas (filed via facsimile).
Jan. 30, 2003 Petitioner Britt`s Notice of Controlling Statute and Development Agreement for Estuary Flums (filed via facsimile).
Jan. 29, 2003 Motion to Compel (filed by M. Tjoflat via facsimile).
Jan. 29, 2003 Respondent City of Jacksonville and Intervenors Moody Truck Center, Inc., Julian LeCraw and Company, Inc., CBR Investments Partnership, Crescent NurseryFields, Ltd., and Estuary Corporation`s Joint Motion to Strike Petitioner`s Response to Order dated January 22, 2003 (filed via facsimile).
Jan. 29, 2003 Response to Petitioner Billotti`s Objection (filed by C. Roopnarine via facsimile).
Jan. 29, 2003 Motion to Strike Julian LeCraw from Petitioners` Witness List (filed by T. Hainline via facsimile).
Jan. 28, 2003 Order on Motions issued. (the City`s motion to strike is granted in part, the City`s pending motion for clarification is denied as being moot, the Department`s motion to strike paragraphs 25, 28, 30, and 31, is moot, the order authorizing Intervenors to intervene in this proceeding is reaffirmed in all respects, Petitioner Mary Billotti`s objections to hearing date set without proper notice is denied)
Jan. 28, 2003 Joint Witness List (filed via facsimile).
Jan. 28, 2003 Respondent City of Jacksonville and Intervenors Moody Truck Center, Inc.; Julian LeCraw and Company, Inc.; CBR Investments Partnership; Crescent Nurseryfields, LTD., and Estuary Corporation`s Joint Motion for Exchange of Exhibits (filed via facsimile).
Jan. 28, 2003 Witness List of Petitioners Britt and Billotti (filed via facsimile).
Jan. 27, 2003 Order issued (Elyse Brady is dismissed as a party in this matter).
Jan. 27, 2003 Petitioner Britt`s Request for Issuing of Subpoenas Pursuant to DOAH Uniform Rule 28-106.212(1) (filed via facsimile).
Jan. 27, 2003 Notice of Intervenors First Interrogatories Directed to Petitioner, Mary Billotti (filed by T. Hainline via facsimile).
Jan. 27, 2003 Notice of Intervenors First Interrogatories Directed to Petitioner, Valerie Britt (filed by T. Hainline via facsimile).
Jan. 27, 2003 Amended Notice of Hearing issued. (hearing set for February 11 through 14, 2003; 9:00 a.m.; Jacksonville, FL, amended as to location of hearing).
Jan. 27, 2003 Petitioners` Response and Objections to Department of Community Affairs Motion to Strike (filed via facsimile).
Jan. 27, 2003 Petitioners Notice of Filing Copy of Department of Community Affairs Objections, Recommendations and Comments for City of Jacksonville Amendment 02-2A (filed via facsimile).
Jan. 27, 2003 Petitioner Billotti Notice of Filing Letter that Clarifies that the 19 Page Billotti Et. Al DOAH Petition Does not Have and is not Intended to Have DOAH Exhibits Filed With it in DOAH (filed via facsimile).
Jan. 27, 2003 Petitioner Billotti Joinder in Britt`s Clarification and More Definite Statement (filed via facsimile).
Jan. 27, 2003 Notice and Demand for Mediation of Esturary Amendment Wetlands Issue (filed by M. Billotti via facsimile).
Jan. 27, 2003 Petitioner Joinder in Responses and Objections to Motion to Strike (filed by M. Billotti via facsimile).
Jan. 27, 2003 Petitioner`s Billotti`s Objections to Hearing Date Set Without Proper Notice (filed via facsimile).
Jan. 27, 2003 Notice of Clerical Error in Page 3, Paragraph 5 of January 22 Order Granting Specific Intervention or Petitioner Objection to Intervention of Moody and Lecraw on Text Amendment 2002-938 (Tma/Mu Text) Based on Lack of Standing and Concurrent Notice that Flum Ordinance 2002-929 for Amendment to Conservation is not at Issue in this Proceeding (filed by V. Britt, M. Billotti via facsimile).
Jan. 24, 2003 Intervenors Motion for Clarification of Order Dated January 22, 2003 (filed by D. Frick via facsimile).
Jan. 24, 2003 Petitioner Response and Objections to Agency DCA`s Motion to Strike and Petitioner Offer to Amend the Petition for Clarity, Correction and Specificity (filed via facsimile).
Jan. 24, 2003 Letter to Judge Alexander from V. Britt stating there are no exhibits attached to petition (filed via facsimile).
Jan. 24, 2003 Petitioner Britt`s Objections to Hearing Date (filed via facsimile).
Jan. 23, 2003 City`s Joinder in Response to Petitioner Elyse Brady`s Notice and Demand for Mediation of Estuary Amendment Wetland Issue (filed by T. Arpen via facsimile).
Jan. 23, 2003 Letter to Judge Alexander from E. Brady stating she is withdrawing from the above proceeding (filed via facsimile).
Jan. 23, 2003 Joinder in Notice and Demand for Mediation of Estuary Amendment Wetland Issue (filed by V. Britt via facsimile).
Jan. 23, 2003 Petitioner Response and Objections to Moody and Legraw Motion to Strike and Petitioner Cross Motion to Strike Their Attachment A (filed by V. Britt via facsimile).
Jan. 23, 2003 Petitioner Response and Objections to Estuary`s Motion to Strike and Petitioner Cross Motion to Strike Their Attachment A (filed by V. Britt via facsimile).
Jan. 23, 2003 Petitioner Response and Objections to JTR, Boyco and Boyd Timber`s Motion to Strike and Petitioner Cross Motion to Strike Their Attachment A (filed by V. Britt via facsimile).
Jan. 23, 2003 Petitioner Response and Objections to City`s Motion to Strike and Offer to Amend the Petition for Clarity (filed by V. Britt via facsimile).
Jan. 22, 2003 Order issued (notice and demand for expeditious resolution of proceeding is granted, final hearing is scheduled for 9:00 a.m., Tuesday, February 11, 2003, in Jacksonville, Florida, motion for expedited discovery and prehearing schedule is granted, all parties shall file their witness lists by Tuesday, January 28, 2003, petitions to intervene filed my Moody Truck Center, Inc., and Julian Lecraw and Company, Inc., CBR Investments Parternership, Crescent Nurseryfields, Ltd., and Disston Ranch, Ltd., and Estuary Corporation are granted, petitions to intervene filed by other prospective parties have been withdrawn) 2/11/03)
Jan. 22, 2003 Response to Petitioner Elyse Brady`s Notice and Demand for Mediation of Estuary Amendment Wetland Issue (filed by R. Wade III via facsimile).
Jan. 21, 2003 Response and Objections to CBR, Cresent Nurseryfields, Disston Ranch Petition to Intervene (filed by V. Britt via facsimile).
Jan. 21, 2003 Response and Objections to Moody & Legraw Petition to Intervene (filed by Petitioners via facsimile).
Jan. 21, 2003 Response and Objections to Boyco & Boyd Timber Petition to Intervene (filed by Petitioners via facsimile).
Jan. 21, 2003 Notice and Demand for Mediation of Estuary Amendment Wetland Issue (filed by E. Brady via facsimile).
Jan. 21, 2003 Response and Objections to Estuary Petition to Intervene (filed by V. Britt via facsimile).
Jan. 21, 2003 Response and Objections to "JTR" Petition to Intervene (filed by V. Britt via facsimile).
Jan. 21, 2003 Notice of 4th Clarification and More Definite Statement (filed by V. Britt via facsimile).
Jan. 21, 2003 Petitioners Response to DOAH Initial Order Dated January 15 (filed via facsimile).
Jan. 21, 2003 Response and Objections to City`s Amended Certificate of Service (filed by V. Britt via facsimile).
Jan. 21, 2003 Notice of 3rd Clarification and More Definite Statement (filed by Petitioners via facsimile).
Jan. 21, 2003 Notice of 2nd Clarification and More Definite Statement (filed by Petitioners via facsimile).
Jan. 17, 2003 Joint Response to Notice of 2nd Clarification and More Definite Statement and Withdrawal of Petition to Intervene (filed by F. Miller, S. Scheffer via facsimile).
Jan. 17, 2003 Joint Response to Petitioner`s Request for Continuance and Request for Denial of Expedited Discovery and Timeline (filed by S. Scheffer via facsimile).
Jan. 17, 2003 Respondent and Intervenor JTR Developers, LLC`s Joint Response to Notice of 3rd Clarification and More Definite Statement (filed via facsimile).
Jan. 17, 2003 Notice and Demand for Expeditious Resolution of Proceeding (filed by Respondent via facsimile).
Jan. 17, 2003 Amended Notice of Telephone Hearing (filed by T. Arpen via facsimile).
Jan. 17, 2003 Notice of Clarification and More Definite Statement filed by Petitioners.
Jan. 17, 2003 Petitioners` Request for Continuance and Request for Denial of Expedited Discovery and Hearing Timeline (filed via facsimile).
Jan. 16, 2003 Amended Certificate of Service of Notice of Hearing (filed by T. Arpen via facsimile).
Jan. 16, 2003 Notice of Telephone Hearing (filed by T. Arpen via facsimile).
Jan. 15, 2003 Respondent City of Jacksonville and Intervenors` Motion to Strike, Motion for Clarification, and Request for Oral Argument (filed via facsimile).
Jan. 15, 2003 Initial Order issued.
Jan. 15, 2003 Department of Community Affairs` Motion to Strike (filed via facsimile).
Jan. 15, 2003 Request for Production of Petitioner Mary Billotti (filed by D. Frick via facsimile).
Jan. 15, 2003 Request for Production of Petitioner Valerie Britt (filed by D. Frick via facsimile).
Jan. 15, 2003 Request for Production of Petitioner Elyse Brady (filed by D. Frick via facsimile).
Jan. 14, 2003 Motion for Expedited Discovery and Prehearing Schedule in Anticipation of Demand for Expeditious Resolution; Request for Oral Argument (filed by T. Arpen via facsimile).
Jan. 14, 2003 Department of Community Affairs`s Request for Production of Documents to Petitioners (3) (filed via facsimile).
Jan. 13, 2003 Petition to Intervene (Intervenor, JTR Developers, LLC (filed by M. Tjoflat via facsimile).
Jan. 13, 2003 Intervenor Estuary Corporation`s First Request for Production of Documents to Petitioner, Elyse Brady (filed via facsimile).
Jan. 13, 2003 Intervenor Estuary Corporation`s First Request for Production of Documents to Intervenor, Citizen Consulting for Land use & Zoning, Inc. (filed via facsimile).
Jan. 13, 2003 Intervenor Estuary Corporation`s First Request for Production of Documents to Petitioner, Valerie Britt (filed via facsimile).
Jan. 13, 2003 Intervenor Estuary Corporation`s First Request for Production of Documents to Petitioner, Mary Billotti (filed via facsimile).
Jan. 13, 2003 Intervenor Estuary Corporation`s First Request for Production of Documents to Intervenor, Kathy Brown (filed via facsimile).
Jan. 13, 2003 Petition to Intervene (Intervenor, Boyd Timber, Inc., Boyco, Inc., B&C Development of Duval, Inc. (filed by F. Miller via facsimile).
Jan. 10, 2003 Petition for Leave to Intervene (Intervenor CBR Investments Partnership, Crescent Nurseryfields, Ltd., and Disston Ranch, Ltd) (filed by T. Hainline via facsimile).
Jan. 10, 2003 Petition for Leave to Intervene (Intervenors, Moody Truck Center, Inc., Julian LaCraw and Company, Inc.) (filed by T. Hanline via facsimile).
Jan. 10, 2003 Petition to Intervene (Intervenor Estuary Corporation) (filed by M. Tjoflat via facsimile).
Jan. 09, 2003 Letter to A. Cole from C. Roopnarine enclosing petition received from Petitioners filed.
Jan. 09, 2003 Petition for Hearing filed.
Jan. 09, 2003 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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