cree eam STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS NANCY JAMES and SOUTH WALTON COMMUNITY COUNCIL, Petitioners, WALTON COUNTY and DEPARTMENT OF COMMUNITY AFF AIRS, ) ) ) ) ) vs. ca ) DOAH Case No. 01-1312GM ) ) ) ) Respondents, ) : : ) ot” FINAL ORDER This matter involves a challenge filed in Opposition to amendments adopted by Walton County ("the County’ d¢ on 1 December 12, 2000, for inclusion . i n i comprehensive plan. The amendments at issue were » reviewed byt the Department of Community Affairs ("the Department") and found to > be i in compliance. Pursuant to Section 163. 3184(9), Florida Statutes, Nancy James and South Walton Community Council (“the Petitioners") jointly filed a petition with the Department in order to initiate an administrative proceeding challenging that determination. . The petition was forwarded by the Department to the Division of Administrative Hearings for the assignment of an administrative law judge. The petition subsequently was amended after Administrative Law Judge Lawrence Johnston ("the ALJ") granted motions to DCA FINAL ORDER NO. 01-GM-126 dismiss that were filed by the County and the Department. After the petition was amended, the County and the Department filed additional motions to dismiss. Upon consideration of those motions, the ALJ entered an order recommending that the amended petition be dismissed because of Petitioners’ lack of standing. As the original petition was dismissed partly on the basis of lack of standing, the ALJ recommended that the amended petition be dismissed with prejudice. No exceptions to the ALJ’s Recommended Order of Dismissal were filed by any party. ORDER Upon review and consideration of the record, including the Recommended Order of Dismissal, it is hereby ordered that: 1. The Recommended Order of Dismissal is adopted in its entirety; 2. The amended petition filed in this case is hereby dismissed with prejudice; and 3. The Walton County comprehensive plan amendments adopted on December 12, 2000, by Ordinance Nos. 00-30 and 00-31 are determined to be "in compliance," as that term is defined in Section 163.3184(1) DONE AND ORDERED on this 2555 Shumard Oak Blvd. Tallahassee, Florida 32399-2100 (850) 488-8466 rere waite ee DCA FINAL ORDER NO. 01-GM-126 NOTICE OF RIGHTS 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 thirty (30) days of the day t this order is filed with the Agency Clerk. The : - Notice of Appeal must be sub stant lly i 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 e filing f fee specified i in Section 35. 2203), Florida Statutes. 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 a true and correct copy of the foregoing has been furnish by the method indicated to the following persons listed below on this ZBday of huspol 2001. Paula Ford, Agency Clerk DEPARTMENT OF COMMUNITY AFFAIRS 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 (850) 488-0410 Via U.S. Mail: Via Hand-Delivery: Stan M. Warden, Esquire Colin Roopnarine, Esquire Porath and Warden, P.A. Assistant General Counsel Post Office Drawer 1609 Department of Community Affairs Santa Rosa Beach, Florida 32459 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 George Ralph Miller, Esquire Walton County Attorney Post Office Box 687 Defuniak Springs, Florida 32435 The Honorable J. Lawrence Johnston Administrative Law Judge Division of Administrative Hearings 1230 Apalachee Parkway ... Tallahassee, FL 32399-3060 on Lape a tse a a peat DCA FINAL ORDER NO. 01-GM-126 (On RRR EHtRNbeech NEED soa et ate Ta Sc musiachaniiiniaanaanaiees

Docket for Case No: 01-001312GM