Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: CITY OF MOUNT DORA
Judges: BRAM D. E. CANTER
Agency: Department of Community Affairs
Locations: Mount Dora, Florida
Filed: Jul. 03, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, October 14, 2008.
Latest Update: Dec. 25, 2024
FINAL ORDER NO. DCA: DCA09-GM-081
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS Sm aay
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CITY OF MOUNT DORA,
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 Mount Dora’s (City)
Comprehensive Plan Amendment 07-PEFE1 adopted by Ordinance Number 2007-936 on
October 16, 2007, is “in compliance” with the Local Government Comprehensive Planning and
Land Development Regulation Act, Ch. 163, Part I, 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 16, 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 I, Florida Statutes, and Rule 9J-5, Florida Administrative Code.
FINAL ORDER NO. DCA: DCA09-GM-081
The Department subsequently filed with the Division of Administrative Hearings a
Notice of Voluntary Dismissal.. On October 14, 2008, the Administrative Law Judge issued his
Order Relinquishing Jurisdiction and 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, Wi? 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-081
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 pyen furnished to the persons listed below in the manner described,
on this a (2 day of March, 2009.
Paula Ford
kL Agency Clerk
Florida Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
U.S. Mail
The Honorable Bram D.E. Canter The Honorable Melissa DeMarco
Administrative Law Judge Mayor, City of Mount Dora
Division of Administrative Hearings City Hall
The DeSoto Building 510 North Baker Street
1230 Apalachee Parkway Mount Dora, Florida 32756
Tallahassee, Florida 32399-1550 :
Virginia Cassady, Esquire Mark Reggentin
Shepard, Smith & Cassady, P.A. Planning & Development Director
111 S. Maitland Ave. City of Mount Dora
Maitland, Florida 32751 510 North Baker Street
Mount Dora, Florida 32757
Hand Delivery
Leslie Bryson, Esquire
Department of Community Affairs
2555 Shumard Oak Blvd. ,
Tallahassee, Florida 32399
Docket for Case No: 08-003215GM
Issue Date |
Proceedings |
Apr. 01, 2009 |
Final Order filed.
|
Oct. 14, 2008 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Oct. 13, 2008 |
Voluntary Dismissal filed.
|
Sep. 22, 2008 |
Order Continuing Case in Abeyance (parties to advise status by October 15, 2008).
|
Sep. 19, 2008 |
Stipulated Settlement Agreement filed.
|
Sep. 19, 2008 |
Notice of Filing Stipulated Settlement Agreement filed.
|
Sep. 19, 2008 |
Status Report filed.
|
Jul. 14, 2008 |
Order Placing Case in Abeyance (parties to advise status by September 19, 2008).
|
Jul. 14, 2008 |
Response to Initial Order filed.
|
Jul. 07, 2008 |
Initial Order.
|
Jul. 03, 2008 |
Notice of Intent to Find the City of Mount Dora Comprehensive Plan Amendment Not in Compliance filed.
|
Jul. 03, 2008 |
Statement of Intent to Find Comprehensive Plan Amendment Not in Compliance filed.
|
Jul. 03, 2008 |
Department of Community Affairs` Petition for Formal Administrative Hearing filed.
|