Petitioner: RICHARD S. REESE
Respondent: ST. JOHNS COUNTY AND DEPARTMENT OF COMMUNITY AFFAIRS
Judges: D. R. ALEXANDER
Agency: Department of Community Affairs
Locations: St. Augustine, Florida
Filed: Mar. 03, 2003
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, April 23, 2003.
Latest Update: Dec. 25, 2024
or
FINAL ORDER NO. DCA03-GM40E PA
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
RICHARD S. REESE,
Petitioner,
Vs.
ST. JOHNS COUNTY AND DEPARTMENT OF D (LA- bles
COMMUNITY AFFAIRS, DOAH Case No. 03-0732GM
Respondents,
and
RING POWER CORPORATION and
WORLD COMMERCE CENTER, LLP,
Intervenors.
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 St. Johns County’s comprehensive plan
amendment, adopted by Ordinance No. 2000-34 on December 10, 2002, is “in compliance” with
the 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.
FINAL ORDER NO. DCA03-GM-105
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
Notice of 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 St. Johns County Ordinance No. 2000-34 is
determined to be “in compliance.”
DONE AND ORDERED in Tallahassee, Florida.
Colleen Castil le, & ecretary
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.
FINAL ORDER NO. DCA03-GM-105
MEDIATION UNDER SECTION 120.573, FLA. STAT., ISNOT 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 designated Agency Clerk, and that true and correct copies have been furnished to the
persons listed below in the manner described, on this 24 Ray of CG port { _, 2003.
Paula Ford
Agency Clerk
U. S. Mail: Hand Delivery:
Sidney F. Ansbacher, Esquire Craig Varn, Assistant General
Upchurch, Bailey and Upchurch, P.A. Department of Community Affairs
P.O. Box 3007 2555 Shumard Oak Boulevard
St. Augustine, Florida 32085-3007 Tallahassee, Florida 32399-2100
Isabelle C. Lopez, Esquire
St. Johns County
4020 Lewis Speedway
St. Augustine, Florida 32085-8637
The Honorable Donald R. Alexander
Administrative Law Judge
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
Docket for Case No: 03-000732GM
Issue Date |
Proceedings |
Apr. 25, 2003 |
Final Order filed.
|
Apr. 23, 2003 |
Order Closing File issued. CASE CLOSED.
|
Apr. 22, 2003 |
Petitioner`s Notice of Dismissal (filed via facsimile).
|
Apr. 16, 2003 |
Order Denying Motion issued. (the motion to vacate order for expedited hearing is denied)
|
Apr. 15, 2003 |
Intervenors` Response to Motion to Vacate Order for Expedited Hearing (filed via facsimile).
|
Apr. 15, 2003 |
Consent Motion for Extension of Time to Answer Petitioner`s First Set of Interrogatories, and to Respond to Petitioner`s First Request for Production of Documents (filed by I. Lopez via facsimile).
|
Apr. 14, 2003 |
Notice of Substitution of Counsel for Department of Community Affairs (filed by D. Jordan via facsimile).
|
Apr. 10, 2003 |
Motion to Vacate Order for Expedited Hearing (filed by Petitioner via facsimile).
|
Apr. 07, 2003 |
Petitioner`s First Request for Production of Documents to St. Johns County filed.
|
Apr. 07, 2003 |
Petitioner`s Notice of Service of Request for Production of Documents to St. Johns County filed.
|
Apr. 07, 2003 |
Order of Pre-hearing Instructions issued.
|
Apr. 07, 2003 |
Order Granting Continuance and Re-scheduling Hearing issued (hearing set for May 1 and 2, 2003; 9:30 a.m.; St. Augustine, FL).
|
Apr. 04, 2003 |
Renewed Demand for Expedited Hearing Pursuant to Section 163.3189(3), Florida Statutes (filed by S. Ansbacher via facsimile).
|
Apr. 04, 2003 |
Richard S. Reese`d First Set of Interrogatories to Florida Department of Community Affairs filed.
|
Apr. 04, 2003 |
Petitioner`s Notice of Service of Interrogatories to Florida Department of Community Affairs filed.
|
Apr. 04, 2003 |
Richard S. Reese`s First Set of Interrogatories to World Commerce Center, LLP filed.
|
Apr. 04, 2003 |
Petitioner`s Notice of Service of Interrogatories to World Commerce Center, LLP filed.
|
Apr. 04, 2003 |
Richard S. Reese`s First Set of Interrogatories to Ring Power Corporation filed.
|
Apr. 04, 2003 |
Petitioner`s Notice of Service of Interrogatories to Ring Power Corporation filed.
|
Apr. 04, 2003 |
Richard S. Reese`s First Set of Interrogatories to St. Johns County filed.
|
Apr. 04, 2003 |
Petitioner`s Notice of Service of Interrogatories to St. Johns County filed.
|
Mar. 18, 2003 |
Order of Pre-hearing Instructions issued.
|
Mar. 18, 2003 |
Order Granting Continuance and Re-scheduling Hearing issued (hearing set for June 2 and 3, 2003; 1:00 p.m.; St. Augustine, FL).
|
Mar. 14, 2003 |
Consent Motion to Reschedule Final Hearing and to Refer to Mediation (filed S. Ansbacher via facsimile).
|
Mar. 11, 2003 |
Order of Pre-hearing Instructions issued.
|
Mar. 11, 2003 |
Notice of Hearing issued (hearing set for June 26 and 27, 2003; 9:00 a.m.; St. Augustine, FL).
|
Mar. 10, 2003 |
Order issued. (final hearing scheduled for March 24 and 25, 2003, is cancelled, and the matter is rescheduled to Thursday, June 26, 2003, in St. Augustine, Florida)
|
Mar. 06, 2003 |
Supplemental Response to Initial Order by Intervenors: Acceptance of June 26th and June 27th Hearing Dates (filed by S. Ansbacher via facsimile).
|
Mar. 06, 2003 |
Joint Response to Initial Order (filed by C. Roopnarine via facsimile).
|
Mar. 06, 2003 |
Order issued. (the parties are advised that the final hearing will be held on Monday, March 24, 2003, in St. Augustine, Florida, the specific time and location of the hearing will be given by separate notice of hearing)
|
Mar. 06, 2003 |
Order issued. (petition for leave to intervene is granted, Intervenors, Ring Power Corporation and World Commerce Center, LLP)
|
Mar. 05, 2003 |
Petition for Leave to Intervene and Demand for Expedited Hearing, (Ring Power Corporation and World Commerce Center, L.L.P. (filed by S. Ansbacher via facsimile).
|
Mar. 03, 2003 |
Notice of Intent to Find the St. Johns County Comprehensive Plan Amendments in Compliance (filed via facsimile).
|
Mar. 03, 2003 |
Initial Order issued.
|
Feb. 26, 2003 |
Amended Petition for Formal Administrative Hearing filed.
|
Feb. 26, 2003 |
Agency referral filed.
|