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DEPARTMENT OF COMMUNITY AFFAIRS vs HIGHLANDS COUNTY, 06-000934GM (2006)

Court: Division of Administrative Hearings, Florida Number: 06-000934GM Visitors: 12
Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: HIGHLANDS COUNTY
Judges: BRAM D. E. CANTER
Agency: Department of Community Affairs
Locations: Sebring, Florida
Filed: Mar. 17, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, February 14, 2008.

Latest Update: Dec. 22, 2024
FINAL ORDER NO. DCA 08-GM-031 om STATE OF FLORIDA Bp &% DEPARTMENT OF COMMUNITY AFFAIRS oy C oy, > Ki," Oo DEPARTMENT OF COMMUNITY Be V, AFFAIRS, 4k Do %, PVE > Petitioner, “ Vv. DOAH Case No. 06-0934GM HIGHLANDS COUNTY, Respondent, and LOST LAKE GROVES, INC., and LAWRENCE BRUCE WELLS, SR., Intervenors. 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 Highlands County Comprehensive Plan Amendment 07-R1l, adopted by Ordinance 07-08-3, on November 27, 2007, is “in compliance” with the Local FINAL ORDER NO. DCA 08-GM-031 Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, Part II, Florida Statutes (the “Act”). All parties to this proceeding entered into a Stipulated Settlement Agreement which required the County to adopt certain remedial amendments. The County adopted the remedial amendments and the Department subsequently published its Cumulative Notice of Intent to find the Plan Amendment and the Remedial Amendment to be “in compliance” with Chapter 163, Part II, Florida Statutes, and Rule 9J-5, Florida Administrative Code. 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 this day in Tallahassee, Florida. Shaw P. Stil General Counsel DEPARTMENT OF COMMUNITY AFFAIRS 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 FINAL ORDER NO. DCA 08-GM-031 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. DCA 08-GM-031 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 - U.S. Mail to each of the persons listed below on this Dott, day of bp , 2008. aula Ford Agency Clerk J. Ross Macbeth, Esquire Highlands County Attorney 2543 U.S. 27 South Sebring, Florida 33871-1926 Michael T. Gallaher, Esquire Peterson & Myers, P.A. Post Office Box 1079 Lake Wales, Florida 33859-1079 Bert J. Harris, III, Esquire Swaine, Harris & Sheehan, P.A. 401 Dal Hall Boulevard Lake Placid, Florida 33852 Page 4 of 4 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, vs. Case No. 06-0934GM HIGHLANDS COUNTY, Respondent . ORDER CLOSING FILE AND RELINQUISHING JURISDICTION EE LEE ENQUESHING JURISDICTION This cause came before the Administrative Law Judge on the Department of Community Affairs’ Status Report and Motion to Close File and Relinquish Jurisdiction, in which it is represented that Respondent adopted remedial amendments that resolved the disputes between the parties. Therefore, it is ORDERED that file of the Division of Administrative Hearings in this case is CLOSED and jurisdiction is relinquished to the Department of Community Affairs for final action. DONE AND ORDERED this 14th day of February, 2008, in Tallahassee, Leon County, Florida. BRAM D. E. CANTER Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 14th day of February, 2008. COPIES FURNISHED: J. Ross MacBeth, Esquire Law Office of J. Ross MacBeth 2543 U.S. Highway 27 South Sebring, Florida 33870 Bert J. Harris, III, Esquire Swaine, Harris, Sheehan & McClure, P.A. 401 Dal Hall Boulevard Lake Placid, Florida 33852 Michael T. Gallaher, Esquire Peterson & Myers, P.A. Post Office Box 1079 Lake Wales, Florida 33859-1079 Lynette Norr, Esquire Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100

Docket for Case No: 06-000934GM
Issue Date Proceedings
Feb. 21, 2008 Final Order filed.
Feb. 14, 2008 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Feb. 14, 2008 Order of Dismissal.
Feb. 14, 2008 Petitioner Department of Community Affairs` Status Report and Motion to Close File and Relinquish Jurisdiction filed.
Feb. 13, 2008 Notice of Voluntary Dismissal (L. Wells) filed.
Feb. 13, 2008 Notice of Voluntary Dismissal (Lost Lake Groves) filed.
Feb. 05, 2008 Notice of Transfer.
Feb. 04, 2008 Order Continuing Case in Abeyance (parties to advise status by February 14, 2008).
Feb. 04, 2008 Department of Community Affairs` Status Report filed.
Dec. 03, 2007 Order Continuing Case in Abeyance (parties to advise status by February 4, 2008).
Nov. 03, 2007 Department of Community Affairs` Status Report filed.
Oct. 24, 2007 Order (proceeding is stayed; parties shall file a status report in accordance with the Order Continuing Case in Abeyance entered on October 2, 2007, detailing the status of remedial plan amendments).
Oct. 24, 2007 Notice of Filing Compliance Agreement and Request for Stay of Proceedings filed.
Oct. 02, 2007 Order Continuing Case in Abeyance (parties to advise status by December 3, 2007).
Oct. 01, 2007 Department of Community Affairs` Status Report filed.
Aug. 01, 2007 Order Continuing Case in Abeyance (parties to advise status by October 1, 2007).
Jul. 31, 2007 Department of Community Affairs` Status Report filed.
Jun. 01, 2007 Order Continuing Case in Abeyance (parties to advise status by July 31, 2007).
May 31, 2007 Department of Community Affairs` Status Report filed.
Mar. 21, 2007 Order Continuing Case in Abeyance (parties to advise status by May 31, 2007).
Mar. 15, 2007 Department of Community Affairs` Status Report filed.
Jan. 10, 2007 Notice of Appearance (filed by L. Norr).
Jan. 10, 2007 Order Continuing Case in Abeyance (parties to advise status by March 15, 2007).
Jan. 05, 2007 Department of Community Affairs Status Report filed.
Oct. 30, 2006 Order Continuing Case in Abeyance (parties to advise status by January 5, 2007).
Oct. 27, 2006 Status Report filed.
Oct. 13, 2006 Order Continuing Case in Abeyance (parties to advise status by October 27, 2006).
Oct. 05, 2006 Department of Community Affairs` Status Report filed.
Jul. 21, 2006 Order Continuing Case in Abeyance (parties to advise status by October 11, 2006).
Jul. 18, 2006 Status Report filed.
May 18, 2006 Order Continuing Case in Abeyance (parties to advise status by July 18, 2006).
May 17, 2006 Department of Community Affairs` Status Report filed.
May 16, 2006 Intervenor, Lost Lake Groves` Status Report filed.
Apr. 12, 2006 Order Granting Petitions to Intervene (Lost Lake Groves, Inc., and Lawrence Bruce Wells, SR).
Apr. 04, 2006 Wells` Petition for Leave to Intervene filed.
Mar. 29, 2006 Petition for Leave to Intervene (Lost Lake Groves, Inc.) filed.
Mar. 27, 2006 Order Placing Case in Abeyance (parties to advise status by May 12, 2006).
Mar. 24, 2006 Department of Community Affairs` Response to Initial Order and Motion to Place Proceeding into Abeyance filed.
Mar. 17, 2006 Initial Order.
Mar. 17, 2006 Department of Commmunity Affairs Notice of Intent to Find the Comprehensive Plan Amendments not in Compliance filed.
Mar. 17, 2006 Statement of Intent to Find Comprehensive Plan Amendment not in Compliance filed.
Mar. 17, 2006 Department of Community Affairs` Petition for Formal Administrative Hearing filed.
Source:  Florida - Division of Administrative Hearings

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