Petitioner: RONALD KRAMER
Respondent: THE TOWN OF PONCE INLET AND DEPARTMENT OF COMMUNITY AFFAIRS
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Community Affairs
Locations: Daytona Beach, Florida
Filed: Jun. 26, 2003
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, November 12, 2003.
Latest Update: Dec. 24, 2024
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
EED OF ORLANDO,
Petitioner,
vs. Case No. 03-23606M 7) ()
TOWN OF PONCE INLET and
DEPARTMENT OF COMMUNITY
AFFAIRS,
Respondents.
RONALD KRAMER,
Petitioner,
vs. Case No. 03-2361GM
TOWN OF PONCE INLET and
DEPARTMENT OF COMMUNITY
AFFAIRS,
Respondents.
/
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 Town of Ponce Inlet’s
comprehensive plan amendment, adopted by Ordinance No. 2002-35 on April 9, 2003 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.
The Petitioners filed a petition challenging the Department’s Notice of Intent,
which alleged that the plan amendment is not “in compliance.” Petitioner EED of
Orlando subsequently filed a Notice of Dismissal. Petitioner Ronald Kramer
subsequently entered into a settlement with the Town of Ponce Inlet.
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 the Town of Ponce
Inlet Ordinance No. 2002-35 is determined to be “in compliance.”
DONE AND ORDERED in Tallahassee, Florida.
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., 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 designated Agency Clerk, and that true and correct copies RE been
furnished to the persons listed below in the manner described, on this ay of
2007 2008.
Paula Ford
ency Clerk
U.S. Mail:
Mary D. Hansen Jay Adams
P.O. Box 290008 Broad and Cassel
Port Orange, FL 32129 215 S. Monroe Street, Ste. 400
Tallahassee, FL 32301
Ted Doran, Esquire . C. Allen Watts
Town of Ponce Inlet 150 Magnolia Avenue
4680 S. Peninsula Drive P.O. Box 2491
Ponce Inlet, FL 32127 Daytona Beach, FL 32115-2491
Hand Delivery:
The Honorable J. Lawrence Johnston Craig D. Varn
Administrative Law Judge Assistant General Counsel
Division of Administrative Hearings Department of Community Affairs
The DeSoto Building 2555 Shumard Oak Blvd.
1230 Apalachee Parkway Tallahassee, FL 32399-2100
Tallahassee, FL 32399-3060
STATE OF FLORIDA ,
DIVISION OF ADMINISTRATIVE HEARINGS
EED OF ORLANDO,
Petitioner,
vs.
THE TOWN OF PONCE INLET and
DEPARTMENT OF COMMUNITY
AFFAIRS,
Respondents.
RONALD KRAMER,
Petitioner,
vs.
THE TOWN OF PONCE INLET and
DEPARTMENT OF COMMUNITY
AFFAIRS, .
Respondents.
ee OO
Case No. 03-2360GM
nov 14 2003
DET. Gr Goma’ "Al
| _GENERAL COUNSEL'S OFF #
Case No. 03-2361GM
ORDER CLOSING FILES
( se.
This cause having come before the undersigned on Petitioner
EED of Orlando, Inc's Notice of Voluntary Dismissal, filed on
November 12, 2003, and on the Stipulated Dismissal of Action by
Petitioner Kramer, filed on November 12, 2003, and the
it is, therefore,
undersigned being fully advised,
ORDERED that:
1. The final hearing in this cause scheduled for
November 13 and 14, 2003, is hereby cancelled.
2. The files of the Division of Administrative Hearings in
the above-captioned matter are hereby closed.
DONE AND ORDERED this 12th da:
y of November, 2003, in
Tallahassee, Leon County, Florida.
J. LAWRENCE JOHNSTON
Administrative Law Judge
Divis
The D
ion of Administrative Hearings
eSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
(850)
Fax F
www.d
Filed
Divis
this
COPIES FURNISHED:
Jay Adams, Esquire
Broad and Cassel
215 South Monroe Street, Suite 400
Post Office Box 11300
Tallahassee, Florida 32302
Theodore R. Doran, Esquire
Doran, Wolfe, Rost & Ansay
Post Office Box 15110
Daytona Beach, Florida 32115-5110
(ae
Craig Varn, Esquire
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
C. Allen Watts, Esquire
Cobb, Cole & Bell
150 Magnolia Avenue
Post Office Box 2491
Daytona Beach, Florida 32115-2491
488-9675 SUNCOM 278-9675
iling (850) 921-6847
oah.state.fl.us
with the Clerk of the
ion of Administrative Hearings
12th day of November, 2003.
Docket for Case No: 03-002361GM
Issue Date |
Proceedings |
Dec. 26, 2003 |
Final Order filed.
|
Nov. 12, 2003 |
Order Closing File. CASE CLOSED.
|
Nov. 12, 2003 |
(Joint) Stipulated Dismissal of Action by Petitioner Kramer (filed via facsimile).
|
Nov. 12, 2003 |
Notice of Filing, Stipulatd Dismissal of Action by Petitioner Kramer (filed by A. Harris via facsimile).
|
Nov. 12, 2003 |
Notice of Voluntary Dismissal (filed by EED of Orlando via facsimile).
|
Nov. 12, 2003 |
Respondent, the Town of Ponce Inlet`s, Pre-trial Memorandum of Law filed.
|
Nov. 12, 2003 |
Notice of Filing, Pre-trial Memorandum of Law filed by A. Harris.
|
Nov. 03, 2003 |
Joint Prehearing Statement filed by A. Harris.
|
Nov. 03, 2003 |
Respondent, the Town of Ponce Inlet`s, Amended Response to Petitioner, EED of Orlando`s, Request for Production of Documents filed.
|
Nov. 03, 2003 |
Notice of Service of Respondent, the Town of Ponce Inlet`s, Amended Response to Petitioner, EED of Orlando`s, First Request for Production of Documents filed.
|
Nov. 03, 2003 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for November 13 and 14, 2003; 9:00 a.m.; Daytona Beach, FL).
|
Oct. 31, 2003 |
Respondent, the Town of Ponce Inlet`s, Response to Petitioner, EED of Orlando`s, First Request for Production of Documents filed.
|
Oct. 31, 2003 |
Notice of Service of Respondent, the Town of Ponce Inlet`s, Response to Petitioner, EED of Orlando`s, First Request for Production of Documents filed.
|
Oct. 31, 2003 |
Notice of Service of Respondent, the Town of Ponce Inlet`s, Answers to Petitioner, EED of Orlando`s, First Set of Interrogatories dated September 26, 2003 filed.
|
Oct. 31, 2003 |
Respondent, the Town of Ponce Inlet`s, Request for Judicial Notice filed.
|
Oct. 30, 2003 |
Department of Community Affairs` Notice of Serving Answers to Petitioner`s First Set of Interrogatories (filed via facsimile).
|
Oct. 30, 2003 |
Department`s Response to Petitioner`s First Request for Production of Documents (filed via facsimile).
|
Oct. 28, 2003 |
Petitioner EED of Orlando`s Motion for Leave to File Testimony Via Deposition Post Hearing or, in the Alternative, to Reschedule Final Hearing filed.
|
Oct. 28, 2003 |
Respondent, the Town of Ponce Inlet`s, (1) Demand for Expeditious Resolution and (2) Response to Petitioner, EED or Orlando`s, Motion for Leave to File Testimony Via Deposition Post Hearing or, in the Alternative, to Reschedule Final Hearing (filed via facsimile).
|
Sep. 29, 2003 |
Petitioner EED of Orlando`s First Request for Production of Documents From Respondent DCA filed.
|
Sep. 29, 2003 |
Petitioner EED of Orlando`s First Set of Interrogatories to Respondent DCA filed.
|
Sep. 29, 2003 |
Petitioner EED of Orlando`s First Request for Production of Documents From Petitioner Ronald Kramer filed.
|
Sep. 29, 2003 |
Petitioner EED of Orlando`s First Set of Interrogatories to Petitioner Ronald Kramer filed.
|
Sep. 29, 2003 |
Petitioner EED of Orlando`s First Request for Production of Documents From Respondent Town of Ponce Inlet filed.
|
Sep. 29, 2003 |
Petitioner EED of Orlando`s First Set of Interrogatories to the Town of Ponce Inlet filed.
|
Jul. 11, 2003 |
Order Consolidating Cases issued. (consolidated cases are: 03-002360GM, 03-002361GM)
|
Jul. 03, 2003 |
Response to Initial Order (filed by Respondent via facsimile).
|
Jun. 26, 2003 |
Department of Community Affairs Notice of Intent to Find the Town of Ponce Inlet Comprehensive Plan Amendment in Compliance filed.
|
Jun. 26, 2003 |
Amended Petition for Administrative Hearing filed.
|
Jun. 26, 2003 |
Agency referral filed.
|
Jun. 26, 2003 |
Initial Order.
|