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RIVERSIDE PROPERTIES OF MOORE HAVEN, INC. vs GLADES COUNTY AND DEPARTMENT OF COMMUNITY AFFAIRS, 04-001407GM (2004)

Court: Division of Administrative Hearings, Florida Number: 04-001407GM Visitors: 18
Petitioner: RIVERSIDE PROPERTIES OF MOORE HAVEN, INC.
Respondent: GLADES COUNTY AND DEPARTMENT OF COMMUNITY AFFAIRS
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Community Affairs
Locations: Eustis, Florida
Filed: Apr. 21, 2004
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, April 12, 2005.

Latest Update: Dec. 23, 2024
a a TC A Plo pee, DCA Final Order No. pcA0s-icm-081 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS RIVERSIDE PROPERTIES OF MOORE HAVEN, INC., Petitioner, DOAH Case No. Beer Yr vs. Or- yor Gm GLADES COUNTY and DEPARTMENT TU 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 Glades County adopted Comprehensive Plan Amendment 03-1ER by Ordinance No. 2003-16 on December 31, 2003. The Department reviewed the Amendment, determined that it was consistent with State law, and caused to be published a Notice of Intent to find the Amendment “in compliance” with the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Part II, Florida Statutes. Riverside Properties of Moore Haven, Inc. then instituted this administrative proceeding against the Department and County. See Fla. Stat. § 163.3184 (9). DCA Final Order No. DCA05-GM-081 After initiation of the administrative proceeding, Petitioner Riverside, the County, and the Department entered into a Stipulated Settlement Agreement which provided for the County to adopt certain remedial amendments as 4 full and complete resolution of the concerns raised by Riverside. The County adopted che remedial amendments on November 22, 2004, and the Department subsequently caused to be published a Notice of Intent to find these remedial amendments “in compliance.” The Department then filed a Motion to Relinquish Jurisdiction with the Division of Administrative Hearings. The aaministrative Law Judge issued his Order Relinquishing Jurisdiction and Closing File. ORDER WHEREFORE, it ig ORDERED that the above-captioned proceeding ig DISMISSED, and the Agency Clerk is directed to close the file. DONE AND ORDERED in Tallahassee, Florida. Thaddeus Cohen, Secretary DEPARTMENT OF COMMUNITY AFFAIRS 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 page 2 of 4 DCA Final order No. pcAo05-GM- 081 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) (ce) 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 Or 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 vO THE ISSUES RESOLVED BY THIS ORDER. page 3 of 4 TT pcA Final Order No. pCA04-GM-227 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 che persons Aisted pelow in the manner des this 3 day of i’ 2005. a“ Pa o Aauia Ford Agency Clerk Interagency Mail: The Honorable g. Lawrence Johnston Division of Administrative Hearings The Desoto Building 1230 Apalachee parkway Tallahassee, FL 32399-1550 u.s. Mail: Mark Lapp, Esquire 3035 Dellwood Trace Labelle, Florida 33935 Alan Shatto planning Director Glades County P.O. Box 85 Moore Haven, Florida 33471 Hand Delivery? Shaw stiller Assistant General Counsel Page 4 of 4

Docket for Case No: 04-001407GM
Issue Date Proceedings
May 05, 2005 Final Order filed.
Apr. 12, 2005 Order Closing File. CASE CLOSED.
Apr. 11, 2005 Status Report and Motion to Close File and Relinquish Jurisdiction filed.
Jan. 14, 2005 Order Continuing Case in Abeyance (parties to advise status by May 18, 2005).
Jan. 13, 2005 Notice of Filing Compliance Agreement and Request for Stay of Proceedings (filed by Respondent).
Nov. 22, 2004 Order Continuing Case in Abeyance (parties to advise status by January 18, 2005).
Nov. 17, 2004 Status Report (filed by Respondent via facsimile).
Sep. 27, 2004 Order Continuing Case in Abeyance (parties to advise status by November 16, 2004).
Sep. 24, 2004 Status Report (filed by S. Stiller via facsimile).
Jul. 29, 2004 Order Continuing Case in Abeyance (parties to advise status by September 17, 2004).
Jul. 27, 2004 Status Report (filed by S. Stiller via facsimile).
Jun. 30, 2004 Order Continuing Case in Abeyance (parties to advise status by July 19, 2004).
Jun. 29, 2004 Status Report (filed by Respondent via facsimile).
May 20, 2004 Order Placing Case in Abeyance (parties to advise status by June 18, 2004).
May 19, 2004 Motion to Place Case in Abeyance (filed by Respondent via facsimile).
Apr. 22, 2004 Initial Order.
Apr. 21, 2004 Amended Petition for Administrative Hearing filed.
Apr. 21, 2004 Notice of Intent to Find Glades County Comprehensive Plan Amendment in Compliance Docket No. 03-1ER-NOI-2201-(A)-(I) filed.
Apr. 21, 2004 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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