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THOMAS WILEY; G. ANTHONY RISH; SAMUEL F. SLAUGHTER, III; AND LOUISE L. SLAUGHTER vs SUMTER COUNTY, 99-003444GM (1999)

Court: Division of Administrative Hearings, Florida Number: 99-003444GM Visitors: 18
Petitioner: THOMAS WILEY; G. ANTHONY RISH; SAMUEL F. SLAUGHTER, III; AND LOUISE L. SLAUGHTER
Respondent: SUMTER COUNTY
Judges: D. R. ALEXANDER
Agency: Department of Community Affairs
Locations: Bushnell, Florida
Filed: Aug. 11, 1999
Status: Closed
Recommended Order on Monday, January 10, 2000.

Latest Update: May 23, 2000
Summary: The issue is whether the small scale development amendment adopted by the County by Ordinance No. 99-15 on May 11, 1999, is in compliance.Where small-scale amendment involved 10.007 acres, it exceeded the 10.00-acre statutory threshold and could not be approved.
Order.PDF

STATE OF FLORIDA ADMINISTRATION COMMISSION


THOMAS WILEY; G. ANTHONY RISH; SAMUEL F. SLAUGHTER, III; and LOUISE L. SLAUGHTER



vs.

Petitioners, AC Case No. ACC-20002-002 DOAH Case No. 99-3444GM


SUMTER COUNTY,


Respondent,


and


HI-TECH METALS, INC.,


Intervenor.

/


FINAL ORDER OF DISMISSAL


The Administration Commission ("Commission") hereby dismisses the above cited proceeding pursuant to Sumter County's Suggestion of Mootness filed on March 16, 2000, based upon the following:


  1. On January 12, 2000, the Administration Commission received a Recommended Order issued by the Division of Administrative Hearings in the above cited proceeding. The subject proceeding involves a challenge to the small scale development amendment adopted by Sumter County on May 11, 1999. The small scale development amendment was adopted through Sumter County Ordinance Number 99-15.


  2. On March 15, 2000, Sumter County filed a Suggestion of Mootness notifying the Administration Commission of the repeal of Sumter County Ordinance Number 99-15. The County suggests the repeal of the subject ordinance renders the proceeding before the Administration Commission moot.


  3. On March 24, 2000, the Administration Commission requested the remaining parties to the proceeding; Petitioners

Thomas Wiley, G. Anthony Rish, Samuel F. Slaughter, III, and Louise L. Slaughter and Intervenor Hi-Tech Metals, Inc., to file a response to Sumter County's Suggestion of Mootness on or before April 7, 2000. No responses have been received from the parties as of this date.


Based upon the foregoing, it is hereby ORDERED AND ADJUDGED that the above proceeding is dismissed.


Any party to this order has the right to seek judicial review of the order pursuant to section 120.68, Florida Statutes, by the filing of a Notice of Appeal pursuant to Rule 9.110, Florida Rules of Appellate Procedure, with the Clerk of the Commission, Office of Planning and Budgeting, Executive Office of the Governor, The Capitol, Room 2105, Tallahassee, Florida 32399-0001; and by filing a copy of the Notice of Appeal, accompanied with the applicable filing fees, with the appropriate District Court of Appeal. Notice of Appeal must be filed within 30 days of the day this order is filed with the Clerk of the Commission.


DONE AND ORDERED this 22nd day of May, 2000, in Tallahassee, Florida.


Teresa B. Tinker

for DONNA ARDUIN, Secretary Administration Commission


FILED with the Clerk of the Administration Commission this 22nd day of May, 2000.


Michael S. Atchly, Clerk Administration Commission


CERTIFICATE OF SERVICE


I HEREBY CERTIFY that a true and correct copy of the forgoing was delivered to the following persons by United States Mail or hand delivery this 22nd day of May, 2000.

Honorable Jeb Bush Governor

The Capitol

Tallahassee, Florida 32399


Honorable Robert Milligan Comptroller

The Capitol

Tallahassee, Florida 32399


Honorable Bob Butterworth Attorney General

The Capitol

Tallahassee, Florida 32399


Honorable Bob Crawford Commissioner of Agriculture The Capitol

Tallahassee, Florida 32399


Steven M. Seibert, Secretary Carl Roth, General Counsel Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100


Felix M. Adams, Esquire

138 Bushnell Plaza, Suite 201 Bushnell, Florida 33513-6122


Honorable Katherine Harris Secretary of State

The Capitol

Tallahassee, Florida 32399


Honorable Bill Nelson Insurance Commissioner The Capitol

Tallahassee, Florida 32399


Honorable Tom Gallagher Commissioner of Education The Capitol

Tallahassee, Florida 32399

Daniel Woodring, Esquire Governor's Legal Office The Capitol, Room 209 Tallahassee, Florida 32399


Jimmy D. Crawford, Esquire Hovis, Boyette & Crawford, P.A. Post Office Box 120848 Clermont, Florida 34711-0848


Terry T. Neal, Esquire Terry T. Neal, P.A. Post Office Box 490327

Leesburg, Florida 34749-0327


Florida Administrative Law Reports Post Office Box 385

Gainesville, Florida 32602


Donald R. Alexander Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060


Teresa B. Tinker

for DONNA ARDUIN, Secretary Administration Commission


Docket for Case No: 99-003444GM
Issue Date Proceedings
May 23, 2000 Final Order of Dismissal filed.
Mar. 20, 2000 (F. Adams) Suggestion of Mootness filed.
Jan. 10, 2000 Recommended Order sent out. CASE CLOSED. Hearing held October 27, 1999.
Dec. 27, 1999 Petitioners` Response to Order (filed via facsimile).
Dec. 22, 1999 Order sent out. (Petitioners` shall advise in writing within seven days from the date of this order if they are challenging the plan Amendment on the single ground addressed in their post hearing submission)
Dec. 20, 1999 Petitioners` Proposed Recommended Order (filed via facsimile).
Dec. 17, 1999 Joint Recommended Order of Respondent and Intervenor (filed via facsimile).
Dec. 15, 1999 Order sent out. (parties shall have up to 12/20/99 to file proposed findings of fact)
Dec. 13, 1999 (Petitioners) Notice of No Objection to Intervenor`s Motion to Extend Time for Filing Recommended Order (filed via facsimile).
Dec. 13, 1999 Motion to Extend Time for Filing Recommended Order (Intervenor) (filed via facsimile).
Nov. 18, 1999 (T. Neal) Map Exhibit w/cover letter filed.
Nov. 12, 1999 Transcript filed.
Oct. 27, 1999 CASE STATUS: Hearing Held.
Oct. 25, 1999 Amended Witness List of Respondent & Intervenor and Exhibit List of Respondent & Intervenor (filed via facsimile).
Oct. 25, 1999 Petitioners` Witness and Exhibit List (filed via facsimile).
Oct. 22, 1999 Witness List of Respondent & Intervenor with cover Letter (filed via facsimile).
Sep. 27, 1999 Order sent out. (hearing will begin at 10/27; 10:30am; Bushnell)
Sep. 22, 1999 Order sent out. (hearing set for 10/27/99; Bushnell; specific time and location will be given at a later date)
Sep. 20, 1999 Joint Motion to Postpone Hearing (filed via facsimile).
Sep. 15, 1999 Order sent out. (motion to Intervene by Hi-Tech Metals is granted)
Sep. 13, 1999 (T. Neal) Notice of Appearance; (Hi-Tech Metals, Inc.) Motion to Intervene filed.
Sep. 07, 1999 Order sent out. (DCA is removed as a party)
Sep. 07, 1999 Petitioners` Notice of No Objection (filed via facsimile).
Sep. 07, 1999 Notice of Hearing sent out. (hearing set for September 27, 1999; 10:30 a.m.; Bushnell, Florida)
Sep. 03, 1999 Department of Community Affairs` Motion to Realign the Parties or, in the Alternative, to Dismiss (filed via facsimile).
Aug. 16, 1999 Initial Order issued.
Aug. 11, 1999 Petition for Administrative; Sumter County Ordiance 99-15; Sumter Board of County Commissioners Final Order on Application for Small Scale Land Use Change filed.

Orders for Case No: 99-003444GM
Issue Date Document Summary
May 22, 2000 Agency Final Order
Jan. 10, 2000 Recommended Order Where small-scale amendment involved 10.007 acres, it exceeded the 10.00-acre statutory threshold and could not be approved.
Source:  Florida - Division of Administrative Hearings

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