Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: TOWN OF GREENWOOD
Judges: D. R. ALEXANDER
Agency: Department of Community Affairs
Locations: Greenwood, Florida
Filed: May 13, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, October 10, 2008.
Latest Update: Dec. 23, 2024
FINAL ORDER NO. DCA08-GM-291
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS m
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Petitioner, GOD ¥v
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TOWN OF GREENWOOD,
Respondent.
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FINAL ORDER
An Administrative Law Judge of the Division of Administrative Hearings 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 Town of Greenwood (“Town”)
Comprehensive Plan Amendment 08-1, adopted in part by Ordinance No. 200-01, Section 2,
Conservation Element on March 11, 2008, 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 Town to
adopt certain remedial amendments. The Town 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-291
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, Florida.
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(6)(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-291
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 haye been furnished to the persons listed below in the manner described, on this ay
of f e , 2008.
Paula Ford
gency Clerk
U. S. Mail: Hand Delivery:
The Honorable Donald R. Alexander 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
Daniel H. Cox, Esq.
P.O. Box CC
Carrabelle, Florida 32322-1229
; STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARIN
DEPARTMENT OF COMMUNITY
AFFAIRS,
OCT 13 2008
Petitioner,
vs. Case No. 08-2277GM
TOWN OF GREENWOOD, |
Respondent.
ORDER CLOSING FILE
This cause having come before the undersigned on
Petitioner's Motion to Close file and Relinquish Jurisdiction,
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 agency.
DONE AND ORDERED this 10th day of October, 2008, in
Tallahassee, Leon County, Florida.
VS panet 2 anal
DONALD R. ALEXANDER
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 10th day of October, 2008.
TECEIVED
COPIES FURNISHED:
Kelly A. Martinson, Esquire
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Daniel H. Cox, Esquire
Daniel H. Cox, P.A.
Post Office Drawer CC
Carrabelle, Florida 32322-1229
Docket for Case No: 08-002277GM
Issue Date |
Proceedings |
Oct. 16, 2008 |
Final Order filed.
|
Oct. 10, 2008 |
Order Closing File. CASE CLOSED.
|
Oct. 08, 2008 |
Motion to Close File and Relinquish Jurisdiction filed.
|
Aug. 26, 2008 |
Order Continuing Case in Abeyance (parties to advise status by November 21, 2008).
|
Aug. 22, 2008 |
Notice of Filing Stipulated Settlement Agreement and Request for Continued Stay of Proceedings filed.
|
Aug. 12, 2008 |
Petitioner`s Motion to Cancel Hearing and Place Case in Abeyance filed.
|
Aug. 06, 2008 |
Order Granting Continuance and Placing Case in Abeyance (parties to advise status by October 10, 2008).
|
Aug. 05, 2008 |
Petitioner`s Motion to Cancel Hearing and Place Case in Abeyance filed.
|
May 21, 2008 |
Order of Pre-hearing Instructions.
|
May 21, 2008 |
Notice of Hearing (hearing set for September 30, 2008; 9:00 a.m., Central Time; Greenwood, FL).
|
May 20, 2008 |
Response to Initial Order filed.
|
May 13, 2008 |
Initial Order.
|
May 13, 2008 |
Notice of Intent to Find the Town Greenwood Amendments Not in Compliance filed.
|
May 13, 2008 |
Statement of Intent to Find Comprehensive Plan Amendment Not in Compliance filed.
|
May 13, 2008 |
Department of Community Affairs` Petition for Formal Administrative Hearing filed.
|