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PHILLIP LOTT vs DEPARTMENT OF COMMUNITY AFFAIRS AND CITY OF DELTONA, 00-002348GM (2000)

Court: Division of Administrative Hearings, Florida Number: 00-002348GM Visitors: 24
Petitioner: PHILLIP LOTT
Respondent: DEPARTMENT OF COMMUNITY AFFAIRS AND CITY OF DELTONA
Judges: D. R. ALEXANDER
Agency: Department of Community Affairs
Locations: Deland, Florida
Filed: Jun. 05, 2000
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, January 24, 2001.

Latest Update: Dec. 24, 2024
iy STATE OF FLORIDA 7 27 p Py DEPARTMENT OF COMMUNITY AFFAIRS 4 ‘a Vis, y 2: 06 THis OF PHILLIP LOTT, Heap Hh i rive Petitioners, VS. DOAH CASENO. 00-2348GM Ok DEPARTMENT OF COMMUNITY DCA CASE NO. DCA 01-GM-012 AFFAIRS AND CITY OF DELTONA, Respondents, / 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 Deltona Comprehensive Plan 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 City to adopt certain remedial amendments. The City adopted the remedial amendments and the Department subsequently published its Notice of Intent to find the Plan Amendment to be “in compliance” with Chapter 163, Part II, Florida Statutes, and Rule 9J-5, Florida Administrative Code. FINAL ORDER NO. DCA 01-GM-012 The City subsequently filed a copy of the remedial amendment ordinance with the Administrative Law Judge who issued his Order Closing File (copy attached hereto). 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, Elprida. Steven M. Seibert, Secretary DEPARTMENT OF COMM 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 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. 2 FINAL ORDER NO. DCA 01-GM-012 CERTIFICATE OF FILING AND SERVICE I HEREBY CERTIFY that the original of the foregoing has been filed with the undesigned designated Agency Clerk, and that true and correct copies have been furnished to the persons listed below in the manner described, on this LH; 7 day of February, 2001. U.S! Mail: The Honorable Donald Alexander Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 Carole Joy Barice, Esquire Fowler, Barice, Feeney, & O’ Quinn, P.A. 28 West Centra Boulevard Orlando, Florida 32801 Phillip Lott 948 North Watt Circle Deltona, Florida 32738-7919 /} k UW AU M2 aula Ford Pe fe" Agency Clerk Hand Delivery: Karen Brodeen Assistant General Counsel Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100

Docket for Case No: 00-002348GM
Issue Date Proceedings
Feb. 27, 2001 Final Order filed.
Jan. 24, 2001 Order Closing File issued. CASE CLOSED.
Dec. 22, 2000 (C. Barice) Ordinance No. 36-2000 filed.
Oct. 12, 2000 Order Placing Case in Abeyance issued (parties to advise status by January 5, 2001).
Oct. 05, 2000 Notice of Cancellation of Subpoena Duces Tecum for Deposition of Phillip Lott (filed via facsimile).
Oct. 05, 2000 Joint Motion to Abate Proceedings (filed via facsimile).
Oct. 03, 2000 Ltr. to P. Lott from C. Barice In re: settlement proposal (filed via facsimile).
Sep. 29, 2000 Notice of Cancellation of Subpoena Duces Tecum for Deposition of Gisela Oeffen (filed via facsimile).
Sep. 28, 2000 Order Closing File (case 00-2160 ONLY CLOSED) issued.
Sep. 27, 2000 Joint Response to Mediation (filed by K. Brodeen via facsimile).
Sep. 27, 2000 Declaration and Notice of Withdrawal (filed by Petitioner via facsimile).
Sep. 26, 2000 Notice of Rescheduling of Subpoena Duces Tecum for Deposition of Phillip Lott (filed via facsimile).
Sep. 25, 2000 Joint Response to Mediation (filed by K. Brodeen via facsimile).
Sep. 25, 2000 Settlement Proposal for DOAH Case No. 00-2348 (filed by Petitioner via facsimile).
Sep. 25, 2000 Notice of Continuation of Subpoena Duces Tecum for Deposition of Gisella Oeffen (filed via facsimile).
Sep. 25, 2000 Notice of Withdrawal of Motion to Recuse (filed by Petitioner via facsimile).
Sep. 25, 2000 (G. Oeffen) Notice of Demand of Informal Mediation (filed via facsimile).
Sep. 25, 2000 (P. Lott) Notice of Demand of Informal Mediation (filed via facsimile).
Sep. 19, 2000 Notice of Cancellation of Subpoena Duces Tecum for Deposition of Hank Wenz (filed via facsimile).
Sep. 18, 2000 Respondent City of Deltona`s First Set of Interrogatories to Petitioner, Gisela H. Oeffen filed.
Sep. 18, 2000 Response to Order for More Definite Statement (filed by Petitioner via facsimile).
Sep. 14, 2000 More Definite Statement filed by Petitioner.
Sep. 11, 2000 Order issued. (Motion for Temporary Injunctive Relief from Respondent`s City of Deltona, Land Use Plan Amendments, Voluntary Annexations, and Re-Zoning is denied)
Sep. 11, 2000 Request to Produce to Respondent, City of Deltona (filed via facsimile).
Sep. 11, 2000 Petitioner Phillip Lott`s Second Set of Interrogatories to Respondent, City of Deltona (filed via facsimile).
Sep. 11, 2000 Notice of Service of Petitioner Phillip Lott`s Second Set pf Interrogatories to Respondent, City of Deltona (filed via facsimile).
Sep. 11, 2000 Request to Produce to Petitioner Gisela H. Oeffen filed.
Sep. 11, 2000 Response to Produce to Respondent, City of Deltona (filed via facsimile).
Sep. 08, 2000 Motion to Recuse the Law Firm of Fowler, Barice, F eeney and O`Quinn (filed via facsimile).
Sep. 07, 2000 Petitioner Phillip Lott`s First Set of Interrogatories to Respondent, City of Deltona (filed via facsimile).
Sep. 07, 2000 Notice of Service of Petitoner Phillip Lott`s First Set of Interrogatories to Respondent, City of Deltona (filed via facsimile).
Sep. 07, 2000 Request to Produce to Respondent, City of Deltona (filed via facsimile).
Sep. 05, 2000 Ltr. to Judge D. Alexander from H. Wenz In re: amended petition (filed via facsimile).
Aug. 29, 2000 Order Closing File issued. (Closed Case No. 00-2130GM only.)
Aug. 29, 2000 Order issued. (petitioner`s motion for order compelling discovery filed in case no. 00-2348GM and directed to the City of deltona is denied, the motion to strike and for more definite statement is granted)
Aug. 28, 2000 Petitioner, Phillip Lott`s Motion for Order Compelling Discovery (Response to Respondent`s 5/25/00 Opposition) (filed via facsimile).
Aug. 28, 2000 Motion to Determine Appropriateness of Request to Produce Documents and Notice of Servce of Interrogatory by City of Deltona filed.
Aug. 28, 2000 Motion for Temporary Injunctive Relief from Respondent`s City of Deltona, Land Use Plan Amendments, Voluntary Annexations, and Re-Zonings (filed via facsimile).
Aug. 25, 2000 Respondent, City of Deltona`s Response in Opposition to Petitioner, Phillip Lott`s Motion for Order Compelling Discovery (filed via facsimile).
Aug. 24, 2000 Motion to Determine Appropriateness of Request to Produce documents and Notice of Service of Interrogatory by City of Deltona (filed via facsimile).
Aug. 22, 2000 Department of Community Affairs` Response to Petitioner Oeffen`s Motion for Order Compelling Discovery (filed via facsimile).
Aug. 21, 2000 Petitioner, Gisela H. Oeffen`s Motion to Dismiss Respondent`s City of Deltona to Strike and for More Definite Statement as to Gisela Oeffen filed.
Aug. 21, 2000 Notice of Service of Respondent City of Deltona`s First Set of Interrogatories to Petitioner Hank Wenz filed.
Aug. 21, 2000 Petitioner, Hank Wenz`s Amended Response and Objection to the Respondent, City of Deltona`s Motion to Dismiss (filed via facsimile).
Aug. 18, 2000 Order issued. (Motion for Order Compelling Discovery filed by Phillip Lott is Denied)
Aug. 18, 2000 Petitioner, Hank Wenz`s Response and Objection to the Respondent, City of Deltona`s Motion to Dismiss (filed via facsimile).
Aug. 18, 2000 Petitioner, Gisela H. Oeffen, Motion for Order Compelling Discovery filed.
Aug. 18, 2000 Notice of Unavailability (Petitioner) (filed via facsimile).
Aug. 17, 2000 Letter to Phillip Lott from J. Fowler (filed via facsimile).
Aug. 17, 2000 Ltr. to Judge D. Alexander from P. Lott In re: emotional roulette (filed via facsimile).
Aug. 17, 2000 Petitioner, Gisela H. Oeffen`s Motion to Dismiss Respondent`s City of Deltona, to Strike and for More Definite Statement as to Gisela Oeffen (filed via facsimile).
Aug. 16, 2000 Response to Joint Response in Opposition to Motion to Intervene of Barbara Ash (filed via facsimile).
Aug. 16, 2000 Amended Order issued.
Aug. 16, 2000 Respondent, City of Deltona`s Response in Opposition to Petitioner, Gisela Oeffen`s Motion for Order Compelling Discovery (filed via facsimile).
Aug. 16, 2000 District`s Response to Petitioner, Phillip Lott`s Motion for Order Compelling Discovery (filed via facsimile).
Aug. 16, 2000 Response to Joint Response in Opposition to Motion to Intervene of Walter O. Lott and Alice Lorraine Lott (filed via facsimile).
Aug. 16, 2000 Response to Joint Response in Opposition to Motion to Intervene of Marianne Foley (filed via facsimile).
Aug. 15, 2000 Order issued. (Motions to Intervene in Case No. 00-2348GM is Denied)
Aug. 14, 2000 Petitioner, Phillip Lott`s Motion for Order Compelling Discovery (filed via facsimile).
Aug. 14, 2000 Petitioner, Phillip Lott`s Objection to City of Deltona`s Motion to Strike and for More Definite Statements (filed via facsimile).
Aug. 14, 2000 Petitioner, Phillip Lott`s Motion for Order Compelling Discovery (filed via facsimile).
Aug. 11, 2000 Joint Response in Opposition to Motion to Intervene of Walter O. and Alice Lorraine Lott (filed via facsimile).
Aug. 11, 2000 Joint Response in Opposition to Motion to Intervene of Marianne Foley (filed via facsimile).
Aug. 11, 2000 Joint Response in Opposition to Motion to Intervene of Barbara Ash (filed via facsimile).
Aug. 11, 2000 (B. Ash) Motion to Intervene (filed via facsimile).
Aug. 10, 2000 Respondent City of Deltona`s Motion to Strike and for More Definate Statement as to Phillip Lott (filed via facsimile).
Aug. 10, 2000 Respondent City of Deltona`s Motion to Strike and for More Definate Statement as to Gisela Oeffen (filed via facsimile).
Aug. 10, 2000 Respondent City of Deltona`s Motion to Dismiss Amended Petition of Petitioner Wenz (filed via facsimile).
Aug. 09, 2000 Motion to Intervene (filed by Walter and Lorraine Lott via facsimile).
Aug. 08, 2000 Motion to Intervene (filed by Marianne Foley via facsimile).
Aug. 01, 2000 Amended Petition. (filed by Petitioner via facsimile)
Jul. 25, 2000 Notice of Unavailability. (filed by A. Grayson via facsimile)
Jul. 20, 2000 Order of Pre-hearing Instructions sent out.
Jul. 20, 2000 Notice of Hearing sent out. (hearing set for October 24 through 27, 2000; 9:00 a.m.; Deland, FL)
Jul. 13, 2000 Order Closing File (Case no. 002349GM ONLY Closed) sent out.
Jul. 11, 2000 Order on Motions sent out. (petitioner shall have 20 days from the date of this order to file an amended petition; motion to dismiss the amended petition in case no. 00-2348GM is denied)
Jul. 07, 2000 Petitioner, Phillip Lott`s Objection to City of Deltona`s Motion to Dismiss (Second and Third) Amended Petitions (filed via facsimile)
Jul. 07, 2000 Letter to Judge Alexander from P. Lott (vacation) (filed via facsimile)
Jul. 03, 2000 Letter to Judge Alexander from Gisela Oeffen (re: Certificate of Serbvice) filed.
Jun. 30, 2000 Letter to Judge Alexander from T. Nazworth (Withdrawing request for hearing) filed.
Jun. 29, 2000 Respondent City of Deltona`s Motion to Dismiss (Second and Third) Amended Petitions (filed via facsimile)
Jun. 22, 2000 Petitioner, Hank Wenz`s Amended Response and Objection to the City of Deltona`s Motion to Dismiss (filed via facsimile).
Jun. 22, 2000 Joint Response to Initial Order filed.
Jun. 20, 2000 Valerie Grill`s Response and Objeciton to the City of Deltona`s Motion to Dismiss filed.
Jun. 19, 2000 Response to Initial Order; Response and Objection to the City of Deltona`s Motion to Dismiss filed.
Jun. 16, 2000 Ltr to P. Lott from A. Grayson (filed via facsimile).
Jun. 16, 2000 Response to City of Deltona`s Motion to Dismiss; Amended Petition (filed via facsimile).
Jun. 15, 2000 Amended Petition (filed via facsimile by Petitioner).
Jun. 15, 2000 Order sent out. (Consolidated cases are: 00-002130GM, 00-002160GM, 00-002161GM, 00-002348GM, 00-002349GM)
Jun. 13, 2000 Respondent, City of Deltona, Motion to Dismiss (filed via facsimile).
Jun. 12, 2000 Initial Order issued.
Jun. 05, 2000 Notice of Intent (filed via facsimile).
Jun. 05, 2000 Amended Petition (filed via facsimile).
Jun. 05, 2000 Agency Referral Letter (filed via facsimile).
Request to Produce to Respondent, City of Deltona (filed via facsimile).
Source:  Florida - Division of Administrative Hearings

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