Petitioner: FRANK B. ARENAS; FREEFLIGHT INTERNATIONAL, INC.; AND SCD SERVICES, INC.
Respondent: CITY OF COLEMAN AND DEPARTMENT OF COMMUNITY AFFAIRS
Judges: D. R. ALEXANDER
Agency: Department of Community Affairs
Locations: Coleman, Florida
Filed: Aug. 17, 2000
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, February 8, 2001.
Latest Update: Nov. 15, 2024
7,
OF
FINAL ORDER NO. DCA ‘Be. aM “&
STATE OF FLORIDA toffh Ys, re a hy
DEPARTMENT OF COMMUNITY AFFAIRS Aes " 7p 5 Go 0
N, Vp
FRANK B. ARENAS, FREEFLIGHT os
INTERNATIONAL, INC., and
SDC SERVICES, INC.,
Petitioners,
Vv.
DOAH Case No. 00-3458GM
DEPARTMENT OF COMMUNITY
AFFAIRS and CITY OF COLEMAN, per
Respondents. C \o 9
/
="
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 Coleman comprehensive plan
amendment, adopted by Ordinance No. 2000-1 on April 10, 2000, is “in compliance” with the
Local Government Comprehensive Planning and Land Development Regulation Act, Ch, 163,
Part II, Florida Statutes (the “Act”). The Department issued a Notice of Intent to find the
amendment in compliance with the Act.
The Petitioners filed a petition challenging the Department’s Notice of Intent, which
alleged that the plan amendment is not “in compliance. On January 16, 2001, the Administrative
Law Judge issued an Order advising Petitioners to notify the parties if they intended to pursue the
FINAL ORDER NO. DCA 01-GM-023
matter further, and if no notification was received the matter would be assumed to be closed.
The Department subsequently filed a Motion to Close File and Relinquish Jurisdiction.
The Administrative Law Judge issued an Order Closing File.
ORDER
WHEREFORE, it is ORDERED that the above-captioned proceeding is DISMISSED,
and the comprehensive plan amendment adopted by City of Coleman Ordinance No. 2000-1 is
determined to be “in compliance.”
DONE AND ORDERED in Tallahassee, Florida.
4,
Steven M. Seibert, Segfetary
DEPARTMENT OF COMMUNIT
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
‘AIRS
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
MEDIATION UNDER SECTION 120.573, FLA. STAT., IS NOT AVAILABLE WITH
RESPECT TO THE ISSUES RESOLVED BY THIS ORDER.
FINAL ORDER NO. DCA 01-GM-023
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original of the foregoing has been filed with the
undersigned designated Agency Clerk, and that true an Gprrect Copies haye been furnished to the
persons listed below in the manner described, on this /g=* day of ( La; 2001.
Agency Clerk
U.S. Mail: Hand Delivery:
Frank Arenas The Honorable Donald R. Alexander
2327 Taylor Avenue Administrative Law Judge
Post Office Box 600 Division of Administrative Hearings
Coleman, Florida 33521 The DeSoto Building
1230 Apalachee Parkway
Tallahassee, FL. 32399-3060
Brenda H. Smith, Esquire Colin M. Roopnarine
350 East Cassady Street Assistant General Counsel
Umatilla, Florida 32784 Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
RECEIVED —
FEB 09 2001
STATE OF FLORIDA sanmy areuns |
DEPT. OF COMMUNITY AFFAIRS |
DIVISION OF ADMINISTRATIVE HEARINGS GENERAL COUNSELS OFFICE |
FRANK B. ARENAS; FREEFLIGHT
INTERNATIONAL, INC.; and scp
SERVICES, INC.,
Petitioners,
CITY OF COLEMAN and DEPARTMENT
OF COMMUNITY AFFAIRS,
)
)
)
)
)
)
vs. ) Case No. 00-3458GM
)
)
)
)
Respondents. )
)
eee
ORDER CLOSING FILE
This cause having come before the undersigned on the
Department of Community Affairs! Motion to Close File and
Relinquish Jurisdiction, and the undersigned being fully advised
in the premises, it is, therefore,
ORDERED that:
1. The. Motion to Close File and Relinquish Jurisdiction igs
hereby granted and jurisdiction is relinquished back to the
agency.
2. The file of the Division of Administrative Hearings in
the above-captioned ‘matter is hereby closed.
Bw
DONE AND ORDERED this Be day of February, 2001, in
Tallahassee, Leon County, Florida.
aa f Puneet C
DONALD R. ALEXANDE
Administrative La 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 i day of February, 2001.
COPIES FURNISHED:
Frank Arenas
2327 Taylor Avenue
Post Office Box 600
Coleman, Florida 33521
Colin M. Roopnarine, Esquire ~
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Brenda H. Smith, Esquire
350 East Cassady Street
Umatilla, Florida 32784
Docket for Case No: 00-003458GM
Issue Date |
Proceedings |
Feb. 19, 2001 |
Final Order filed.
|
Feb. 08, 2001 |
Order Closing File issued. CASE CLOSED.
|
Feb. 06, 2001 |
Motion to Close File and Relinquish Jurisdiction filed by Petitioner.
|
Jan. 16, 2001 |
Order issued (Petitioners shall advise if they still intend to pursue this matter by January 26, 2001).
|
Jan. 11, 2001 |
Response to Order (filed by Respondent via facsimile).
|
Dec. 13, 2000 |
Notice filed by the Agency. |
Dec. 04, 2000 |
Order issued (William E. Lackey, Esquire, is relieved of all further responsibility in this case).
|
Nov. 29, 2000 |
Joint Stipulation and Order for Substitution of Counsel for City of Coleman with (Proposed) Order Substituting Brenda H. Smith as Attorney for City of Coleman and Order Allowing William E. Lackey to Withdraw as Attorney for City of Coleman filed.
|
Nov. 27, 2000 |
Order Granting Continuance and Placing Case in Abeyance issued (parties to advise status by January 11, 2001).
|
Nov. 21, 2000 |
Letter to Judge D. Alexander from F. Arenas In re: request for continuance (filed via facsimile).
|
Nov. 20, 2000 |
Department of Community Affairs` Request for Admissions filed. |
Nov. 13, 2000 |
Department of Community Affiars` First Set of Interrogatories to Petitioner filed. |
Nov. 13, 2000 |
Notice of Service of Department of Community Affairs` First Set of Interrogatories to Petitioner filed. |
Nov. 13, 2000 |
Department of Community Affairs` Motion for Summary Recommended Order and Request for Oral Argument filed.
|
Nov. 09, 2000 |
Department of Community Affairs` Request for Production of Documents to Petitioner filed. filed.
|
Oct. 18, 2000 |
Order issued.
|
Sep. 20, 2000 |
Petitioner`s Objection to City of Coleman`s Motion to Dismiss Amended Petition (filed via facsimile).
|
Sep. 19, 2000 |
Amended Notice of Hearing issued. (hearing set for January 5, 2001; 10:00 a.m.; Coleman, FL, amended as to Date Only).
|
Sep. 14, 2000 |
Ltr. to Judge D. Alexander from F. Arenas In re: request for continuance filed.
|
Sep. 12, 2000 |
Department of Community Affairs` Request for Hearing on Motion to Strike (filed via facsimile).
|
Sep. 11, 2000 |
Order issued. (Department of Community Affairs` Motion to Strike is granted and paragraphs c, d, f, g, and the first two senteces of paragraph e of the amended petition are stricken)
|
Sep. 05, 2000 |
Notice of Hearing issued (hearing set for December 8, 2000; 10:00 a.m.; Coleman, FL).
|
Sep. 01, 2000 |
City of Coleman`s Motion to Dismiss Amended Petition filed.
|
Aug. 24, 2000 |
City of Coleman`s Compliance with Revised Initial Order (filed via facsimile).
|
Aug. 23, 2000 |
Department of Community Affairs` Motion to Strike filed.
|
Aug. 22, 2000 |
Response to Order (Respondent) filed.
|
Aug. 22, 2000 |
Ltr. to DOAH from F. Arenas In re: response to Initial Order (filed via facsimile).
|
Aug. 17, 2000 |
Ordinance No. 2000-1 filed. |
Aug. 17, 2000 |
Future Land Use Element filed. |
Aug. 17, 2000 |
Amended Petition filed.
|
Aug. 17, 2000 |
Initial Order issued. |
Aug. 17, 2000 |
Agency referral filed.
|