Petitioner: VILLAGE OF WELLINGTON, FLORIDA
Respondent: DEPARTMENT OF COMMUNITY AFFAIRS AND PALM BEACH COUNTY, FLORIDA
Judges: CHARLES A. STAMPELOS
Agency: Department of Community Affairs
Locations: West Palm Beach, Florida
Filed: Mar. 11, 2005
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, June 16, 2005.
Latest Update: Dec. 23, 2024
FINAL ORDER NO. DCA 05-GM-116
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
VILLAGE OF WELLINGTON,
Petitioner,
vs.
DOAH CASE NO. 05-0944GM
DEPARTMENT OF COMMUNITY AFFAIRS,
and PALM BEACH COUNTY, > 8
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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 portions of the Palm Beach County (“County”)
Comprehensive Plan Amendment 04-2-NOI-5001-(A)-(I), adopted by Ordinance Nos. 2004-65
and 2004-66, are “in compliance” with the Local Government Comprehensive Planning and Land
Development Regulation Act, Ch. 163, Part IL, Florida Statutes (the “Act”).
On June 15, 2005, Petitioner Village of Wellington (“Village”) and Intervenor Palm
Beach Aggregates entered into a Settlement Agreement. On June 16, 2005, the Village filed a
Notice of Voluntary Dismissal with the Division of Administrative Hearings.
On June 16, 2005, the Administrative Law Judge cancelled the final hearing and issued
FINAL ORDER NO. DCA 05-GM-116
an Order Closing File.
ORDER
WHEREFORE, it is ORDERED that the above-captioned proceeding is DISMISSED, the
comprehensive plan amendments adopted by Ordinance Nos. 2004-65 and 2004-66 are
determined to be in compliance, and the Agency Clerk is directed to close the file.
DONE AND ORDERED in Tallahassee, Florida.
Thaddeus L. Cohen, AJA
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., ISNOT AVAILABLE WITH
RESPECT TO THE ISSUES RESOLVED BY THIS ORDER.
FINAL ORDER NO. DCA 05-GM-116
CERTIFICATE OF FILING AND SERVICE
1 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 the persons listed below in the manner described, on this 7¥/,
day of June, 2005.
?
| ;
Paula Ford
Agency Clerk
U.S. Mail:
The Honorable Charles A. Stampelos Claudio Reidi, Esq.
Division of Administrative Hearings Felippe Moncarz, Esq.
The DeSoto Building Lehtinen, Vargas, & Riedi, P.A.
1230 Apalachee Parkway 7700 North Kendall Drive, Suite 303
Tallahassee, FL 32399-1550 Miami, Florida 33156-7559
W. Douglas Moody, Jr., Esq.
Myers & Fuller P.A.
2822 Remington Green Circle
Tallahassee, Florida 32308
William R. Pfeiffer, Esq. Andrew J. Baumann, Esq
Myers & Fuller P.A. Palm Beach County Attorney’s Office
2822 Remington Green Circle 301 North Olive Avenue, Suite 601
Tallahassee, Florida 32308 West Palm Beach, Florida 33401
Richard E. Shine
Assistant General Counsel
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Docket for Case No: 05-000944GM
Issue Date |
Proceedings |
Jul. 27, 2005 |
(Corrected) Final Order filed.
|
Jul. 06, 2005 |
Final Order filed.
|
Jun. 16, 2005 |
Order Closing File. CASE CLOSED.
|
Jun. 16, 2005 |
Notice of Voluntary Dismissal filed.
|
Jun. 15, 2005 |
Undeliverable envelope returned from the Post Office.
|
Jun. 08, 2005 |
(Complete) Motion to Compel Production of Documents and Request for an Order regarding Discovery Practices and Requiring Compliance with Florida Rules of Civil Procedure filed.
|
Jun. 08, 2005 |
Notice of Taking Deposition Duces Tecum filed.
|
Jun. 08, 2005 |
Palm Beach Aggregates` Response to Village`s Motion to Quash and for Protective Order filed.
|
Jun. 08, 2005 |
Village of Wellington`s Notice of Filing Supplemental Documentation in Support of its Motion to Quash Subpoenas and for Protective Order filed.
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Jun. 08, 2005 |
The Village of Wellington`s Motion for Leave to Respond to Aggregates` Motion to Compel Production of Documents filed.
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Jun. 07, 2005 |
The Village of Wellington`s Response to Palm Beach County`s Motion to Compel filed.
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Jun. 07, 2005 |
Palm Beach County`s Notice of Withdrawal of Motion for Protective Order filed.
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Jun. 07, 2005 |
Palm Beach County`s Motion for Protective Order filed.
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Jun. 07, 2005 |
The Village of Wellington`s Motion to Quash Subpoenas and for Protective Order filed.
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Jun. 07, 2005 |
Motion to Compel Production of Documents and Request for an Order Regarding Discovery Practices and Requiring Compliance with Florida Rules of Civil Procedure filed (incomplete).
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Jun. 06, 2005 |
Notice of Taking Deposition Duces Tecum (undated) filed.
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Jun. 06, 2005 |
Palm Beach County`s Motion to Compel Village of Wellington to Answer First Set of Interrogatories and Palm Beach County`s First Request for Production filed.
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Jun. 06, 2005 |
Notice of Taking Deposition Duces Tecum filed.
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Jun. 06, 2005 |
Order (Village`s motion for extension of time to respond to discovery is granted).
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Jun. 03, 2005 |
Notice of Appearance of Counsel filed.
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Jun. 03, 2005 |
The Village of Wellington`s Notice of Serving Response to Palm Beach Aggregates` Second Request for Production to Petitioner Village of Wellington filed.
|
Jun. 03, 2005 |
The Village of Wellington`s Notice of Serving Response to Palm Beach Aggregates` Second Set of Interrogatories to Petitioner Village of Wellington filed.
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Jun. 03, 2005 |
The Village of Wellington`s Notice of Serving Response to Palm Beach Aggregates` First Request for Admissions filed.
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May 31, 2005 |
Motion for Extension of Time to Respond to Discovery filed.
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May 26, 2005 |
Palm Beach Aggregates, Inc.`s Second Request for Production filed.
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May 24, 2005 |
The Village of Wellington`s Notice of Serving Response to Palm Beach County`s First Set of Expert Interrogatories to Petitioner Village of Wellington filed.
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May 24, 2005 |
The Village of Wellington`s Notice of Serving Response to Palm Beach County`s First Request for Production filed.
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May 24, 2005 |
Palm Beach Aggregates, Inc.`s Notice of Serving Second Set of Interrogatories to Petitioner Village of Wellington filed. filed.
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May 24, 2005 |
Palm Beach Aggregates, Inc.`s Second Set of Interrogatories to Petitioner Village of Wellington filed.
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May 24, 2005 |
Intervenor`s Answers to Petitioner`s First Set of Interrogatories filed.
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May 24, 2005 |
Notice of Service of Second Request for Production on Petitioner Village of Wellington filed.
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May 19, 2005 |
Palm Beach County`s Notice of Serving Responses to Village of Wellington`s First Set of Interrogatories and First Request for Production filed.
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May 19, 2005 |
Petitioner`s Objection to Respondent Palm Beach County`s Request for Copies filed.
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May 19, 2005 |
The Village of Wellington`s Notice of Serving Response to Palm Beach Aggregates` First Request for Production to Petitioner Village of Wellington filed.
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May 19, 2005 |
Respondent Palm Beach County`s Request for Copies filed.
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May 19, 2005 |
The Department of Community Affair`s Notice of Serving Additional Responses to Village of Wellington`s First Request for Production filed.
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May 18, 2005 |
The Department of Community Affair`s Notice of Serving Responses to Village of Wellington`s First Set of Interrogatories and First Request for Production filed.
|
May 18, 2005 |
Intervenor`s Objections to Petitioner`s First Request for Production to Attorney Thomas G. Pelham pertaining to Petitioner`s Motion to Disqualify filed.
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May 17, 2005 |
Palm Beach County`s First Request for Production to Petitioner Village of Wellington filed.
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May 17, 2005 |
Palm Beach County`s First Set of Interrogatories to Petitioner Village of Wellington filed.
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May 16, 2005 |
The Village of Wellington`s Notice of Serving Response to Palm Beach Aggregates` First Set of Expert Interrogatories to Petitioner Village of Wellington filed.
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May 12, 2005 |
Notice of Service of First Request for Production on Petitioner Village of Wellington filed.
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May 12, 2005 |
Palm Beach Aggregates, Inc.`s First Request for Production filed.
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May 12, 2005 |
Counsel of Village of Wellington`s Notice of Unavailability filed.
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May 11, 2005 |
Order (joint motion is denied without prejudice).
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May 10, 2005 |
Petititoner`s Response to Joint Motion to Strike Portion of Petition filed.
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May 09, 2005 |
Intervenor`s Suggestion of Mootness filed.
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May 09, 2005 |
Order (on or before May 23, 2005, Intervenor shall respond to discovery served on or about May 9, 2005, by the Village).
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May 09, 2005 |
Petitioner`s First Request for Production to Intervenor Palm Beach Aggregates, Inc. filed.
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May 09, 2005 |
Notice of Service of Interrogatories on Respondent Department of Community Affairs filed.
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May 09, 2005 |
Palm Beach County`s Notice of Adoption of Demand for Expedited Hearing filed.
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May 06, 2005 |
Notice of Telephonic Hearing filed.
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May 06, 2005 |
Department`s Notice of Availability for Expedited Hearing filed.
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May 06, 2005 |
Motion to Strike Intervenor`s Demand for Expedited Hearing filed.
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May 06, 2005 |
Amended Notice of Hearing (hearing set for June 28 through July 1, 2005; 9:00 a.m.; West Palm Beach, FL; amended as to dates).
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May 06, 2005 |
Order of Pre-hearing Instructions.
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May 06, 2005 |
Intervenor`s Suggestion of Mootness filed.
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May 05, 2005 |
Intervenor`s Demand for Expedited Hearing filed.
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May 05, 2005 |
Order (parties shall comply with the Amended Notice of Hearing and the Order of Pre-Hearing Instructions except that the prehearing stipulation shall be filed on or before August 17, 2005).
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May 05, 2005 |
Intervenor`s Notice of Withdrawal of Motion for Sanctions filed.
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May 05, 2005 |
Amended Notice of Appearance (filed by W. Moody, Esquire).
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May 04, 2005 |
Notice of Withdrawal of Counsel filed.
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May 03, 2005 |
Joint Motion to Strike Portion of Petition filed.
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May 02, 2005 |
Undeliverable envelope returned from the Post Office.
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Apr. 29, 2005 |
Notice of Filing of Wellington`s Witness List filed.
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Apr. 29, 2005 |
Petitioner`s First Request for Production to Attorney Thomas G. Pelham Pertaining to Petitioner`s Motion to Disqualify filed.
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Apr. 26, 2005 |
Amended Notice of Hearing (hearing set for August 22 through 26, 2005; 1:00 p.m.; West Palm Beach, FL; amended as to location).
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Apr. 25, 2005 |
Notice of Evidentiary Hearing (on or before April 27, 2005, the Village shall serve and file a list of witnesses and their addresses, on or before May 4, 2005, PBA shall serve and file a list of witnesses and their addresses. on or before May 11, 2005, parties shall exchange all exhibits to be used during evidentiary hearing, on or before May 16, 2005, parties shall file a joint pre-hearing stipulation).
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Apr. 25, 2005 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for August 22 through 26, 2005; 1:00 p.m.; West Palm Beach, FL).
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Apr. 25, 2005 |
Petitioner`s First Request for Production to Respondent Department of Community Affairs filed.
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Apr. 25, 2005 |
Notice of Serving Witness Interrogatories on Respondent Department of Community Affairs filed.
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Apr. 25, 2005 |
Petitioner`s First Request for Production to Respondent Palm Beach County filed.
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Apr. 25, 2005 |
Notice of Serving Witness Interrogatories on Respondent Palm Beach county filed.
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Apr. 21, 2005 |
Notice of Appearance (filed by W. Moody, Esquire).
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Apr. 20, 2005 |
Intervenor Palm Beach Aggregates, Inc.`s Motion for Sanctions, Including Expenses and Attorney`s Fees and Request for Evidentiary Hearing filed.
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Apr. 19, 2005 |
Village of Wellington`s Supplement to filing Affidavit in Support of Reply Setting Forth Material Facts which Petitioner Believes are in Dispute filed.
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Apr. 19, 2005 |
Village of Wellington`s Notice of Filing Affidavit in Support of Reply Setting Forth Material Facts which Petitioner Believes are in Dispute filed.
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Apr. 19, 2005 |
Affidavit of Jeffrey S. Kurtz filed.
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Apr. 18, 2005 |
Village of Wellington`s Reply Setting Forth Specific Material Facts which Petitioner Believes are in Dispute filed.
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Apr. 18, 2005 |
Notice of Serving Expert Witness Interrogatories to Petitioner Village of Wellington filed.
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Apr. 11, 2005 |
Order (on or before April 18, 2005, Petitioner shall file a reply setting forth specific material facts which Petitioner believes are in dispute).
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Apr. 08, 2005 |
Palm Beach Aggregates, Inc.`s Response to Motion to Disqualify Intervenor`s Counsel filed.
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Mar. 30, 2005 |
Order (Unopposed Motion for Extension of Time to Respond to Motion to Disqualify Intervenor`s Counsel granted, time to respond to the motion is extended to April 8, 2005).
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Mar. 30, 2005 |
Palm Beach Aggregates, Inc.`s Unopposed Motion for Extension of Time to Respond to Motion to Disqualify Intervenor`s Counsel filed.
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Mar. 28, 2005 |
Order of Pre-hearing Instructions.
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Mar. 28, 2005 |
Notice of Hearing (hearing set for June 27 through July 1, 2005; 1:00 p.m.; West Palm Beach, FL).
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Mar. 23, 2005 |
Motion to Disqualify Intervenor`s Cousnel (filed by Petitioner).
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Mar. 22, 2005 |
Joint Response of Respondent Palm Beach County and Intervenor Palm Beach Aggregates, Inc. to Initial Order filed.
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Mar. 18, 2005 |
Amended Status Report (filed by Respondent).
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Mar. 18, 2005 |
Status Report (filed by Respondent).
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Mar. 15, 2005 |
Order (Petition for Leave to Intervene granted, Palm Beach Aggregates, Inc.).
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Mar. 14, 2005 |
Palm Beach Aggregates, Inc.`s Petition for Leave to Intervene filed.
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Mar. 11, 2005 |
Initial Order.
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Mar. 11, 2005 |
Notice of Intent to find the Palm Beach County Comprehensive Plan Amendment in Compliance filed.
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Mar. 11, 2005 |
Letter to Chairman Masilotti from C. Gauthier advising that The Department is issuing a Notice of Intent to find the Plan Amendment in Compliance filed.
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Mar. 11, 2005 |
Department of Community Affairs` Objections, Recommendations and Comments for Palm Beach County Amendment 04-2 filed.
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Mar. 11, 2005 |
Letter to Chairman Marcus from C. Gauthier concerning The Department of Community Affairs` Completed review of the proposed Comprehensive Plan Amendment filed. |
Mar. 11, 2005 |
Petition for Formal Administrative Hearing filed.
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Mar. 11, 2005 |
Agency referral filed.
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