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TOPPINO`S INC. vs DEPARTMENT OF COMMUNITY AFFAIRS, 02-000418GM (2002)

Court: Division of Administrative Hearings, Florida Number: 02-000418GM
Petitioner: TOPPINO`S INC.
Respondent: DEPARTMENT OF COMMUNITY AFFAIRS
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Community Affairs
Locations: Key West, Florida
Filed: Feb. 04, 2002
Status: Closed
Recommended Order on Thursday, April 29, 2004.

Latest Update: Jul. 01, 2005
Summary: The amendment to the County Future Land Use Map to change the area from Industrial to Residential High was inconsistent with the Guiding Principles Keys Area of Critical State Concern because of its incompatibility with the Naval Air Station.

Docket for Case No: 02-000418GM
Issue Date Proceedings
Jul. 01, 2005 Opinion filed.
Sep. 08, 2004 Certified Notice of Appeal sent to the Third District Court (mailed in error).
Sep. 03, 2004 Notice of Appeal (of Agency Final Order) filed.
Sep. 03, 2004 Notice of Appeal filed Petitioner.
Aug. 10, 2004 (Agency) Final Order filed.
May 13, 2004 Petitioner`s Exceptions to Recommended Order (filed via facsimile).
Apr. 29, 2004 Recommended Order cover letter identifying the hearing record referred to the Agency.
Apr. 29, 2004 Recommended Order (hearing held Februrary 25-26, 2004). CASE CLOSED.
Apr. 22, 2004 Letter to R. Gordon from A. Triplett enclosing a copy of Petitioner`s Exhibit No. 23 filed.
Mar. 30, 2004 Notice of Service of Respondent Department of Community Affairs` Proposed Recommended Order (filed via facsimile).
Mar. 29, 2004 Petitioner`s Proposed Recommended Order filed.
Mar. 29, 2004 Petitioner`s Memorandum of Law Regarding the Respondent`s Authority Under Chapters 380 and 163, Florida Statutes filed.
Mar. 29, 2004 Respondent Department of Community Affairs` Proposed Recommended Order filed.
Mar. 29, 2004 Memorandum on the Application of Chapter 380 and Chapter 163, Part II in the Florida Keys Area of Critical State Concern filed by Respondent.
Mar. 18, 2004 Transcript (Volumes I and II) filed.
Feb. 25, 2004 CASE STATUS: Hearing Held.
Feb. 18, 2004 (Joint) Pre-hearing Stipulation (filed via facsimile).
Feb. 17, 2004 Motion in Limine (filed by Petitioner via facsimile).
Feb. 03, 2004 Notice of Taking Deposition (J. Cooner, R. Mulhere, S. Hodges, and L. Cross) filed via facsimile.
Jan. 30, 2004 Notice of Taking Deposition Duces Tecum (J. Scholl) filed via facsimile.
Dec. 19, 2003 Respondent`s Answers to Petitioner`s Request for Addition, Change or Supplement to First Set of Interrogatories (filed via facsimile).
Dec. 19, 2003 Notice of Service of Respondent`s Answers to Petitioner`s Request to Update Initial Set of Interrogatories (filed via facsimile).
Dec. 09, 2003 Petitioner`s Response to Respondent`s First Set of Interrogatories (filed via facsimile).
Dec. 09, 2003 Notice of Service of Petitioner Toppino`s, Inc.`s Response to Respondent`s First Set of Interrogatories (filed via facsimile).
Nov. 13, 2003 Notice of Serving Petitioner`s Request to Update Initial Set of Interrogatories filed.
Nov. 07, 2003 Order Granting Continuance and Re-scheduling Hearing (hearing set for February 25 through 27, 2004; 9:00 a.m.; Key West, FL).
Nov. 06, 2003 Department of Community Affairs` Motion for Continuance of Final Administrative Hearing (filed via facsimile).
Oct. 20, 2003 Notice of Service of Respondent Department of Community Affairs` First Interrogatories on Petitioner Toppino`s Inc. (filed via facsimile).
Aug. 22, 2003 Order Granting Continuance and Re-scheduling Hearing (hearing set for December 10 through 12, 2003; 9:00 a.m.; Key West, FL).
Aug. 21, 2003 Motion for Continuance (filed by Petitioner via facsimile).
Aug. 11, 2003 Notice of Serving Petitioner`s Supplemental Request for Production of Documents to Respondent Department of Community Affairs filed.
May 14, 2003 Order of Pre-hearing Instructions issued.
May 14, 2003 Notice of Hearing issued (hearing set for September 16 through 19, 2003; 9:00 a.m.; Key West, FL).
May 09, 2003 Status Report and Request for Hearing (filed by Petitioner via facsimile).
Apr. 11, 2003 Notice of Substitution of Counsel for the Department of Community Affairs (filed by T. Dennis via facsimile).
Mar. 11, 2003 Notice of Substitution of Counsel for the Department of Community Affairs (filed by C. Roopnarine via facsimile).
Mar. 07, 2003 Order Continuing Case in Abeyance issued (parties to advise status by May 9, 2003).
Mar. 06, 2003 Status Report and Motion for Continuance (filed by Petitioner via facsimile).
Mar. 06, 2003 Notice of Substitution of Counsel (filed by K. Plante).
Feb. 18, 2003 Notice of Substitution of Counsel for the Department of Community Affairs (filed by D. Jordan via facsimile).
Dec. 13, 2002 Order Granting Continuance and Placing Case in Abeyance issued (parties to advise status by March 10, 2003).
Dec. 12, 2002 Motion for Continuance (filed by Petitioner via facsimile).
Dec. 11, 2002 Notice of Appearance (filed by K. Plante).
Aug. 30, 2002 Order Granting Continuance and Re-scheduling Hearing issued (hearing set for January 8 through 10, 2003; 9:00 a.m.; Key West, FL).
Aug. 29, 2002 Notice of Taking Deposition, A. Zusman filed.
Aug. 19, 2002 Joint Motion to Continue Hearing (filed via facsimile).
Jul. 31, 2002 Notice of Unavailability (filed by Petitioner via facsimile).
Jul. 16, 2002 Notice of Additional Attorney (filed by Petitioner via facsimile).
Jul. 15, 2002 Notice of Cancellation of Deposition, M. Currie, T. Brown filed.
Jul. 11, 2002 Amended Notice of Taking Depositions, F. Toppino, J. Rosenblatt (filed via facsimile).
Jul. 08, 2002 Notice of Taking Depositions, F. Toppino, J. Rosenblatt (filed via facsimile).
Jul. 05, 2002 Subpoena Duces Tecum, M. Conway filed.
Jul. 05, 2002 Notice of Taking Deposition, L. Cotton M. Currie, 
J. McGarry, R. Jetton, filed.
Jul. 05, 2002 Notice of Taking Deposition, L. Cotton M. Currie, J. McGarry, R. Jetton, filed.
Jul. 01, 2002 Response to Petitioner`s Request for Production of Documents (filed via facsimile).
Jul. 01, 2002 Notice of Service of Answers to Interrogatories (filed by Respondent via facsimile).
Jun. 05, 2002 Order Granting Continuance and Re-scheduling Hearing issued (hearing set for October 2 and 3, 2002; 9:00 a.m.; Key West, FL).
May 28, 2002 Joint Motion to Continue Hearing (filed via facsimile).
May 17, 2002 Notice of Serving Petitioner`s First Set of interrogatories filed.
May 17, 2002 Notice of Serving Petitioner`s Request for Production of Documents to Respondent Department of Community Affairs filed.
Feb. 20, 2002 Order of Pre-hearing Instructions issued.
Feb. 20, 2002 Notice of Hearing issued (hearing set for June 19 and 20, 2002; 9:00 a.m.; Key West, FL).
Feb. 19, 2002 Final Order (filed via facsimile).
Feb. 14, 2002 Response to Initial Order (filed by Respondent via facsimile).
Feb. 13, 2002 Amended Notice of Related Proceeding Notice of Availability Notice of Venue Notice of Time for Hearing (filed by Petitioner via facsimile).
Feb. 12, 2002 Notice of Related Proceeding Notice of Availability Notice of Venue Notice of Time for Hearing filed.
Feb. 12, 2002 Notice of Related Proceeding, Notice of Availabilty, Notice of Venue, Notice of Time for Hearing (filed by Petitioner via facsimile).
Feb. 07, 2002 Initial Order issued.
Feb. 04, 2002 Petition for Administrative Proceeding Plaintiff`s Statement of Standing filed.
Feb. 04, 2002 Agency referral filed.

Orders for Case No: 02-000418GM
Issue Date Document Summary
Jun. 29, 2005 Opinion
Aug. 09, 2004 Agency Final Order
Apr. 29, 2004 Recommended Order The amendment to the County Future Land Use Map to change the area from Industrial to Residential High was inconsistent with the Guiding Principles Keys Area of Critical State Concern because of its incompatibility with the Naval Air Station.
Source:  Florida - Division of Administrative Hearings

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