ron és” FINAL ORDER NO. DeA06-GM 236 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS ae Wen, Wes, ow KATHLEEN CROUCH, Petitioner, Case Nos. 00-0938GM v. 00-1608GM 00-1612GM DEPARTMENT OF COMMUNITY 00-1296GM AFFAIRS, CITY OF NEWBERRY, and ALACHUA COUNTY, Respondents. / FINAL ORDER An Administrative Law Judge of the Division of Administrative Hearings has entered an Order Closing Files 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 Newberry comprehensive plan amendments adopted by Ordinance No. 17-99 on December 13, 1999, Ordinance Nos. 8-00 and 11-00 on December 12, 2000, and Ordinance No. 30-05 on January 5, 2006, are “in compliance” with the Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, Part II, Florida Statutes (the “Act”). The Department issued Notices of Intent to find these plan amendments “in compliance” with the Act, The Petitioner filed a petition challenging the Department's Notices of Intent, which alleged that the plan amendments are not “in compliance.” The Petitioner subsequently filed a FINAL ORDER NO. DCA06-GM-236 Notice of Voluntary Dismissal. The Administrative Law Judge issued an Order Closing Files. ORDER WHEREFORE, it is ORDERED that the above-captioned proceeding is DISMISSED, and the comprehensive plan amendments adopted by City of Newberry Ordinance Nos. 17-99, 8- 00, 11-00, and 30-05 are determined to be “in compliance.” 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. DCA06-GM-236 CERTIFICATE OF FILING AND SERVICE THEREBY CERTIFY that the original of the foregoing has been filed with the undersigned designated Agency Clerk, and that true and isd copies have been furnished to the persons listed below in the manner described, on this day of September, 2006. “4 , ‘Paula Ford Agency Clerk DEPARTMENT OF COMMUNITY AFFAIRS 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 VIA U.S. MAIL: The Honorable Lawrence P. Stevenson David C. Schwartz, Esquire Administrative Law Judge Alachua County Attorney’s Office Division of Administrative Hearings P.O. Box 2877 The DeSoto Building Gainesville, Florida 32602-2877 1230 Apalachee Parkway Counsel for County Tallahassee, FL 32399-3060 VIA HAND DELIVERY: S. Scott Walker, Esquire Kelly A. Martinson, Esq. 527 East University Avenue Department of Community Affairs Post Office Box 1775 2555 Shumard Oak Boulevard Gainesville, Florida 32602 Tallahassee, Florida 32399-2100 Counsel for City Counsel for Department David J. Russ, Esquire 1617 NW 16" Avenue B Gainesville, Florida 32605 Counsel for Petitioner

Docket for Case No: 00-001612GM