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DEPARTMENT OF COMMUNITY AFFAIRS vs CITY OF SEBRING, 06-000935GM (2006)

Court: Division of Administrative Hearings, Florida Number: 06-000935GM Visitors: 12
Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: CITY OF SEBRING
Judges: J. LAWRENCE JOHNSTON
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 Friday, February 22, 2008.

Latest Update: Jul. 01, 2024
FINAL ORDER NO. DCA 08-GM-060 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS an by, Ps, DEPARTMENT OF COMMUNITY KES > “9 AFFAIRS, Yop Be) tig @ Petitioner, One Oo 4 ° v. DOAH Case No. 06-0935GM CITY OF SEBRING, Respondent, and EAGLE LAKE ESTATES, LLC, and WCR, INC., a/k/a WOLF CREEK RANCH, 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 City of Sebring (City) Comprehensive Plan Amendment 07-R2, adopted by Ordinance Nos. 1256 and 1258 on December 18, 2007, is “in compliance” with the Local Government Comprehensive Planning and FINAL ORDER NO. DCA 08-GM-060 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 City to adopt certain remedial amendments. The City 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. The Department’s Cumulative Notice of Intent to find the Plan Amendment and the Remedial Amendment to be “in compliance,” published January 24, 2008, and attached hereto as Exhibit B, is unchallenged. The Department subsequently filed a Motion to Close File and Relinquish Jurisdiction. The Administrative Law Judge issued the Order Closing File (copy attached hereto). 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. Stilld&s; General Counsel DEPARTMENT OF COMMUNITY AFFAIRS 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Page 2 of 4 FINAL ORDER NO. DCA 08-GM-060 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. Page 3 of 4 FINAL ORDER NO. DCA 08-GM-060 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 ne Le, 2 eP- S. Mail to each of the persons listed below on this day ot ep _ , 2008. Paula Ford Agency Clerk Michael T. Gallaher, Esquire Peterson & Myers, P.A. Post Office Box 1079 Lake Wales, Florida 33859-1079 J. Michael Swaine, Esquire Swaine, Harris & Sheehan, P.A. 425 South Commerce Avenue Sebring, Florida 33870-3702 The Honorable J. Lawrence Johnston Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 And by Hand Delivery to: Lynette Norr Assistant General Counsel Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Page 4 of 4

Docket for Case No: 06-000935GM
Issue Date Proceedings
Feb. 27, 2008 Final Order filed.
Feb. 22, 2008 Order Closing File. CASE CLOSED.
Feb. 21, 2008 Petitioner Department of Community Affairs` Motion to Close File and Relinquish Jurisdiction filed.
Dec. 11, 2007 Order Continuing Case in Abeyance (parties to advise status by April 16, 2008).
Dec. 10, 2007 Notice of Filing Compliance Agreement and Request for Stay of Proceedings filed.
Nov. 27, 2007 Order Continuing Case in Abeyance (parties to advise status by January 11, 2008).
Nov. 27, 2007 Department of Community Affairs` Status Report filed.
Oct. 01, 2007 Order Continuing Case in Abeyance (parties to advise status by November 27, 2007).
Sep. 28, 2007 Department of Community Affairs` Status Report filed.
Jul. 31, 2007 Order Continuing Case in Abeyance (parties to advise status by September 28, 2007).
Jul. 30, 2007 Department of Community Affairs` Status Report filed.
Jun. 01, 2007 Order Continuing Case in Abeyance (parties to advise status by July 30, 2007).
May 31, 2007 Department of Community Affairs` Status Report filed.
Apr. 11, 2007 Order Continuing Case in Abeyance (parties to advise status by May 31, 2007).
Apr. 09, 2007 Department of Community Affairs Status Report filed.
Jan. 10, 2007 Notice of Appearance (filed by L. Norr).
Jan. 08, 2007 Order Continuing Case in Abeyance (parties to advise status by April 9, 2007).
Jan. 05, 2007 Department of Community Affairs Amended Status Report filed.
Dec. 27, 2006 Status Report filed.
Oct. 31, 2006 Order Continuing Case in Abeyance (parties to advise status by December 26, 2006).
Oct. 27, 2006 Status Report filed.
Oct. 06, 2006 Order Continuing Case in Abeyance (parties to advise status by October 27, 2006).
Oct. 05, 2006 Department of Community Affairs` Status Report filed.
Aug. 11, 2006 Order Continuing Case in Abeyance (parties to advise status by October 11, 2006).
Aug. 10, 2006 Department of Community Affairs` Status Report filed.
Jul. 13, 2006 Order Granting Leave to Intervene (WCR, Inc., a/k/a Wolf Creek Ranch).
Jul. 12, 2006 Petition for Leave to Intervene (WCR, Inc., a/k/a Wolf Creek Ranch) filed.
May 17, 2006 Order Continuing Case in Abeyance (parties to advise status by August 10, 2006).
May 17, 2006 Department of Community Affairs` Status Report filed.
May 17, 2006 Order Continuing Case in Abeyance (parties to advise status by June 16, 2006).
May 16, 2006 Respondent`s and Intervenor`s Joint Status Report filed.
Mar. 30, 2006 Order Granting Leave to Intervene (Eagle Lake Estates, LLC).
Mar. 29, 2006 Petition for Leave to Intervene (Eagle Lake Estates, LLC) 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 Community Affairs Notice of Intent to Find the Comprehensive Plan Amendments not in Compliance filed.
Mar. 17, 2006 Statement of Intent to Find Comprehensive Plan Amendments 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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