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DEPARTMENT OF COMMUNITY AFFAIRS vs CITY OF LYNN HAVEN, 06-000681GM (2006)

Court: Division of Administrative Hearings, Florida Number: 06-000681GM Visitors: 10
Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: CITY OF LYNN HAVEN
Judges: D. R. ALEXANDER
Agency: Department of Community Affairs
Locations: Lynn Haven, Florida
Filed: Feb. 21, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, June 29, 2006.

Latest Update: Nov. 14, 2024
FINAL ORDER NO. DCA06-GM-163 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, vs. CITY OF LYNN HAVEN, DOAH Case No. 06-0681 GM Respondent. / 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 City of Lynn Haven (“City”) Comprehensive Plan Amendment 05-1, adopted by Ordinance Nos, 824 and $36, on December 27, 2005 are “in compliance” with the Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, Part IL, Florida Statutes. The parties entered into a Stipulated Settlement Agreement which required the City to adopt certain remedial amendments. The City adopted the remedial amendments and the Department of Community Affairs (“Department”) subsequently published a Cumulative Notice of Intent to find the original plan amendments and the remedial amendments “in compliance” with Chapter 163, Part Il, Florida Statutes, and Rule 9J-5, Florida Administrative Code. FINAL ORDER NO. DCA06-GM-163 The Department subsequently filed a Motion to Close File and Relinquish Jurisdiction. The Administrative Law Judge issued an Order Closing File. No Exceptions to the Administrative Law Judge’s Order were filed. ORDER WHEREFORE, it is ORDERED that the above-captioned proceeding is DISMISSED, and the Agency Clerk is directed to close the file. DONE AND ORDERED in Tallahassee, Florida. / HAUS L. Cote Thaddeus L. Cohen, AIA, Secretary DEPARTMENT OF COMMUNITY AFFAIRS 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. FINAL ORDER NO. DCA06-GM-163 CERTIFICATE OF FILING AND SERVICE THEREBY 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//__ day rt) , 2006. Paula Ford Agency Clerk DEPARTMENT OF COMMUNITY AFFAIRS 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 U.S. Mail: Hand Delivery: The Honorable Donald R. Alexander Kelly A. Martinson, Esquire Administrative Law Judge Department of Community Affairs Division of Administrative Hearings 2555 Shumard Oak Boulevard The DeSoto Building Tallahassee, Florida 32399-2100 1230 Apalachee Parkway Tallahassee, FL 32399-3060 Robert C. Jackson, Esq. Harrison, Sale, McCloy & Thompson, Chartered 304 Magnolia Ave. Panama City, Florida 32401

Docket for Case No: 06-000681GM
Issue Date Proceedings
Jul. 12, 2006 Final Order filed.
Jun. 29, 2006 Order Closing File. CASE CLOSED.
Jun. 28, 2006 Motion to Close File and Relinquish Jurisdiction filed.
Mar. 24, 2006 Order Continuing Case in Abeyance (parties to advise status by June 30, 2006).
Mar. 23, 2006 Notice of Filing Stipulated Settlement Agreement and Request for Continued Stay of Proceedings filed.
Feb. 27, 2006 Order Placing Case in Abeyance (parties to advise status by May 31, 2006).
Feb. 24, 2006 Joint Response to Initial Order and Request to Place Case in Abeyance filed.
Feb. 21, 2006 Initial Order.
Feb. 21, 2006 Notice of Intent to Find the City of Lynn Haven Comprehensive Plan Amendments Adopted by Ordinance No. 825 in Compliance and the Comprehensive Plan Amendments Adopted by Ordinance NOS. 824 and 836 Not in Compliance filed.
Feb. 21, 2006 Statement of Intent to Find Comprehensive Plan Amendment not in Compliance filed.
Feb. 21, 2006 Petition of the Department of Community Affairs filed.
Source:  Florida - Division of Administrative Hearings

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