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: Dec. 22, 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.
|