Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: CITY OF CRESTIVIEW
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Community Affairs
Locations: Crestview, Florida
Filed: Nov. 16, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, July 17, 2008.
Latest Update: Dec. 26, 2024
FINAL ORDER NO; DEA08- an
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS 18 UL 25 A 0S
DEPARTMENT OF COMMUNITY
AFFAIRS,
Petitioner,
v. DOAH Case No. 06-4653GM
CITY OF CRESTVIEW,
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 Crestview (“City”) Comprehensive
Plan Amendment 06-1, adopted in part by Ordinance Nos. 1288, 1294, 1295, 1296, 1299, 1301,
1302, and 1304 on September 11, 2006, is “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 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 amendment and the remedial amendment “in compliance” with
the Act.
FINAL ORDER NO. DCA08-GM-211
The Department then 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, F lorida.
Shaw P. Stiller, General 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-211
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 to the persons listed below in the manner described, on this YY day
of he “y > 2008.
Paula Ford ,
: 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
Ben Holley, Esq.
City Attorney
P.O. Box 1238
Crestview, Florida 32536
David L. Powell, Esq.
Gary K. Hunter, Esq.
Vinette D. Godelia, Esq.
Hopping Green & Sams, P.A.
P.O. Box 6526
Tallahassee, Florida 32314
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE H
DEPT. OF COMMUNITY AFFAIRS
GENERAL COUNSEL'S OFFICE
DEPARTMENT OF COMMUNITY
AFFAIRS,
Petitioner,
vs. Case. No. 06-4653GM
CITY OF CRESTIVIEN,
Respondent.
ORDER CLOSING FILE
This cause having come before the undersigned on the Motion
to Close File and Relinquish Jurisdiction filed July 17, 2008,
and the undersigned being fully advised, it is, therefore,
ORDERED that the file of the Division of Administrative
Hearings in the above-captioned matter is hereby closed.
Jurisdiction is hereby relinquished to the Department of
Community Affairs.
DONE AND ORDERED this 17th day of July, 2008, in
Tallahassee, Leon County, Florida.
J. LAWRENCE JOHNSTON
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 17th day of July, 2008.
COPIES FURNISHED:
Ben Holley, Esquire
Post Office Box 1238
Crestview, Florida 32536-1238
Kelly A. Martinson, Esquire
Department of Community Affairs
2555 Shumard Oak- Boulevard
Tallahassee, Florida 32399-2100
David L. Powell, Esquire
Hopping Green & Sams
Post Office Box 6526
Tallahassee, Florida 32314-6526
Docket for Case No: 06-004653GM
Issue Date |
Proceedings |
Jul. 25, 2008 |
Final Order filed.
|
Jul. 17, 2008 |
Order Closing File. CASE CLOSED.
|
Jul. 17, 2008 |
Motion to Close File and Relinquish Jurisdiction filed.
|
May 16, 2008 |
Order Continuing Case in Abeyance (parties to advise status by August 13, 2008).
|
May 15, 2008 |
Status Report and Motion for Continued Abeyance of Proceedings filed.
|
Feb. 05, 2008 |
Order Continuing Case in Abeyance (parties to advise status by May 15, 2008).
|
Feb. 05, 2008 |
Notice of Filing Stipulated Settlement Agreement and Request for Continued Stay of Proceedings filed.
|
Dec. 20, 2007 |
Order Continuing Case in Abeyance (parties to advise status by February 4, 2008).
|
Dec. 19, 2007 |
Status Report and Motion for Continued Abeyance of Proceedings filed.
|
Nov. 27, 2007 |
Order Continuing Case in Abeyance (parties to advise status by December 19, 2007).
|
Nov. 19, 2007 |
Status Report and Motion for Continued Abeyance of Proceedings filed.
|
Sep. 19, 2007 |
Order Continuing Case in Abeyance (parties to advise status by November 19, 2007).
|
Sep. 18, 2007 |
Status Report and Motion for Continued Abeyance of Proceedings filed.
|
Jul. 23, 2007 |
Order Continuing Case in Abeyance (parties to advise status by September 18, 2007).
|
Jul. 20, 2007 |
Status Report and Motion for Continued Abeyance of Proceedings filed.
|
May 22, 2007 |
Order Continuing Case in Abeyance (parties to advise status by July 20, 2007).
|
May 21, 2007 |
Status Report and Motion for Continued Abeyance of Proceedings filed.
|
Feb. 21, 2007 |
Order Continuing Case in Abeyance (parties to advise status by May 21, 2007).
|
Feb. 13, 2007 |
Status Report and Motion for Continued Abeyance of Proceedings filed.
|
Jan. 29, 2007 |
Notice of Appearance (filed by D. Powell).
|
Nov. 27, 2006 |
Order Placing Case in Abeyance (parties to advise status by February 20, 2007).
|
Nov. 22, 2006 |
Joint Response to Initial Order and Request to Place Case in Abeyance filed.
|
Nov. 16, 2006 |
Initial Order.
|
Nov. 16, 2006 |
Notice of Intent to Find the City of Crestview Comprehensive Plan Amendments Not in Compliance filed.
|
Nov. 16, 2006 |
Statement of Intent to Find Comprehensive Plan Amendment Not in Compliance filed.
|
Nov. 16, 2006 |
Petition of the Department of Community Affairs filed.
|