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BRADLEY M. STITH vs ALACHUA COUNTY AND DEPARTMENT OF COMMUNITY AFFAIRS, 06-004236GM (2006)

Court: Division of Administrative Hearings, Florida Number: 06-004236GM Visitors: 14
Petitioner: BRADLEY M. STITH
Respondent: ALACHUA COUNTY AND DEPARTMENT OF COMMUNITY AFFAIRS
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Community Affairs
Locations: Gainesville, Florida
Filed: Nov. 02, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, August 18, 2008.

Latest Update: Nov. 14, 2024
FINAL ORDER NO. DCA08-GM-246 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, v: DOAH Case No. 06-4140GM ALACHUA COUNTY, Respondent, and WHITE JR. TRUSTEE and INDUSTRIAL CONSULTANTS AND MANAGEMENT COMPANY. ; Intervenors. BRADLEY M. STITH, Petitioner, v. DOAH Case No. 06-4236GM ALACHUA COUNTY and DEPARTMENT OF COMMUNITY AFFAIRS, Respondents, and WHITE JR. TRUSTEE and INDUSTRIAL CONSULTANTS AND MANAGEMENT COMPANY, Intervenors. FINAL ORDER FINAL ORDER NO. DCA08-GM-246 An Administrative Law Judge of the Division of Administrative Hearings has entered an Ob 6 Order Closing Files in this! proceading AG cay of the Order is attached to this Final Order as Exhibit A. BACKGROUND | This is a proceeding to determine whether amendments to the Future Land Use Map and Future Land Use Element of the Alachua County (“County”) Comprehensive Plan adopted by Ordinance No. 06-26 on August 17, 2006 are “in compliance” with the Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, Part II, Florida Statutes (the “Act”). The parties entered into a Stipulated Settlement Agreement which required the County to adopt certain remedial amendments. The County 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 the Act. The Department then filed a Motion to Close File and Relinquish Jurisdiction. The Administrative Law Judge issued an Order Closing Files. 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. FINAL ORDER NO. DCA08-GM-246 DONE AND ORDERED in Tallahassee, Florida. Shaw P. Stiller, a Counsel 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. DCA08-GM-246 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 coyrgct d copies have been furnished to the persons listed below in the manner described, on this QDs of Ants , 2008. a Paula Ford “we ‘Agency Clerk U.S. Mail: Hand Delivery: The Honorable J. Lawrence Johnston Kelly A. Martinson, Esq. Administrative Law Judge Assistant General Counsel Division of Administrative Hearings Department of Community Affairs The DeSoto Building 2555 Shumard Oak Boulevard 1230 Apalachee Parkway Tallahassee, Florida 32399-2100 Tallahassee, Florida 32399-3060 David C. Schwartz, Esq. Alachua County Attorney’s Office P.O. Box 2877 Gainesville, Florida 32602-2877 Ross Stafford Burnaman, Esq. 1018 Holland Drive Tallahassee, Florida 32301 C. David Coffey, Esq. Haile Village Center 5346 Southwest 91" Terrace Gainesville, Florida 32608 Cathy M. Sellers, Esq. Broad & Cassel 215 South Monroe Street, Suite 400 Tallahassee, Florida 32301

Docket for Case No: 06-004236GM
Issue Date Proceedings
Aug. 27, 2008 Final Order filed.
Aug. 18, 2008 Order Closing Files. CASE CLOSED.
Aug. 14, 2008 Motion to Close File and Relinquish Jurisdiction filed.
Jun. 18, 2008 Order Cancelling Hearing and Placing Case in Abeyance (parties to advise status by October 10, 2008).
Jun. 17, 2008 Stipulated Settlement Agreement filed.
Jun. 17, 2008 Notice of Filing Stipulated Settlement Agreement and Request for Stay of Proceedings filed.
Mar. 24, 2008 Documents directed to C. Sellers returned due to insufficient postage filed.
Mar. 13, 2008 Order of Pre-hearing Instructions.
Mar. 13, 2008 Notice of Hearing (hearing set for August 12 through 14, 2008; 9:00 a.m.; Gainesville, FL).
Feb. 28, 2008 Status Report filed.
Jan. 14, 2008 Order Continuing Case in Abeyance (parties to advise status by February 28, 2008).
Jan. 14, 2008 Status Report filed.
Nov. 14, 2007 Status Report filed.
Nov. 14, 2007 Order Continuing Case in Abeyance (parties to advise status by January 14, 2008).
Nov. 14, 2007 Status Report filed.
Oct. 01, 2007 Order Continuing Case in Abeyance (parties to advise status by November 13, 2007).
Sep. 28, 2007 Status Report filed.
Aug. 01, 2007 Order Continuing Case in Abeyance (parties to advise status by September 28, 2007).
Jul. 31, 2007 Status Report filed.
Jun. 04, 2007 Order Continuing Case in Abeyance (parties to advise status by July 31, 2007).
Jun. 01, 2007 Status Report filed.
Apr. 02, 2007 Order Continuing Case in Abeyance (parties to advise status by June 1, 2007).
Apr. 02, 2007 Status Report filed.
Feb. 01, 2007 Order Continuing Case in Abeyance (parties to advise status by April 2, 2007).
Jan. 31, 2007 Status Report filed.
Dec. 04, 2006 Order Granting Leave to Intervene (White Jr. Trustee and Industrial Consultants and Management Company).
Nov. 30, 2006 Petition for Leave to Intervene into Comprehensive Plan Amendment Challenging Proceeding (White Jr. Trustee and Industrial Consultants and Management Company).
Nov. 13, 2006 Order Consolidating Cases.
Nov. 13, 2006 Order Consolidating Cases (DOAH Case Nos. 06-4140GM and 06-4236GM).
Nov. 09, 2006 Joint Response to Initial Order and Request to Place Case in Abeyance filed.
Nov. 02, 2006 Initial Order.
Nov. 02, 2006 Notice of Intent to Find the Alachua County in Compliance filed.
Nov. 02, 2006 Petition for Administrative Hearing filed.
Nov. 02, 2006 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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