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DEPARTMENT OF COMMUNITY AFFAIRS vs CITY OF EDGEWATER, 08-001808GM (2008)

Court: Division of Administrative Hearings, Florida Number: 08-001808GM Visitors: 36
Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: CITY OF EDGEWATER
Judges: D. R. ALEXANDER
Agency: Department of Community Affairs
Locations: Edgewater, Florida
Filed: Apr. 11, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, September 29, 2008.

Latest Update: Jun. 14, 2024
FINAL ORDER NO. DCA: DCA09-GM-083 STATE OF FLORIDA Qe Ss DEPARTMENT OF COMMUNITY AFFAIRS DS C Qe, 2 8 at, DEPARTMENT OF COMMUNITY Kin ey AFFAIRS, ND, Ce Boe Vv. GLa @ Petitioner, en > DCA Docket No. 08-PEFE1-NOI-6405-(A(N) ~~ v. DOAH Case No. 08-1808GM CITY OF EDGEWATER, 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 the City of Edgewater’s (City) Comprehensive Plan Amendment 08-PEFE1 adopted by Ordinance Number 2007-O-18 on January 28, 2008, is “Gn compliance” with the Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, Part II, Florida Statutes (Act). The parties entered into a Stipulated Settlement Agreement which required the City to adopt certain remedial plan amendments. The City adopted the remedial plan amendments and, on September 3, 2008, the Department published its Cumulative Notice of Intent to find the Plan Amendment and the remedial plan amendments to be “in compliance” with Chapter 163, Part II, Florida Statutes, and Rule 9J-5, Florida Administrative Code. FINAL ORDER NO. DCA: DCA09-GM-083 The Department subsequently filed with the Division of Administrative Hearings a Notice of Voluntary Dismissal. On September 29, 2008, the Administrative Law Judge issued his 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, Florida. Shaw P. Stiller, General Counsel 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: DCA09-GM-083 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 Vin furnished to the persons listed below in the manner described, on this day of March, 2009. ~ Paula Ford Agency Clerk Florida Department of Community A ffairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 U.S. Mail The Honorable D.R. Alexander Carolyn Stroud Ansay, Esquire Administrative Law Judge Doran Wolfe Ansay & Kundid Division of Administrative Hearings 525 S. Flagler Drive, Suite 200 The DeSoto Building West Palm Beach, Florida 33401-5932 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 Hand Delivery Leslie Bryson, Esquire Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, Florida 32399

Docket for Case No: 08-001808GM
Issue Date Proceedings
Apr. 01, 2009 Final Order filed.
Sep. 29, 2008 Order Closing File. CASE CLOSED.
Sep. 25, 2008 Voluntary Dismissal filed.
Jun. 16, 2008 Order Continuing Case in Abeyance (parties to advise status by September 26, 2008).
Jun. 12, 2008 Notice of Filing Stipulated Settlement Agreement and Request for Stay filed.
Jun. 12, 2008 Stipulated Settlement Agreement filed.
Apr. 21, 2008 Order Placing Case in Abeyance (parties to advise status by July 25, 2008).
Apr. 18, 2008 Joint Response to Initial Order filed.
Apr. 11, 2008 Initial Order.
Apr. 11, 2008 Notice of Intent to Find the City of Edgewater Comprehensive Plan Amendment Not in Compliance filed.
Apr. 11, 2008 Statement of Intent to Find the Comprehensive Plan Amendment Not in Compliance filed.
Apr. 11, 2008 Department of Community Affairs` Petition for Formal Administrative Hearing filed.
Source:  Florida - Division of Administrative Hearings

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