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
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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.
|