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SARASOTA COUNTY vs CITY OF NORTH PORT AND DEPARTMENT OF COMMUNITY AFFAIRS, 02-000832GM (2002)

Court: Division of Administrative Hearings, Florida Number: 02-000832GM Visitors: 17
Petitioner: SARASOTA COUNTY
Respondent: CITY OF NORTH PORT AND DEPARTMENT OF COMMUNITY AFFAIRS
Judges: D. R. ALEXANDER
Agency: Department of Community Affairs
Locations: North Port, Florida
Filed: Feb. 21, 2002
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, April 5, 2002.

Latest Update: May 20, 2024
FINAL ORDER NO. DCA 02-GM-123 STATE OF FLORIDA % oN DEPARTMENT OF COMMUNITY AFFAIRS . note *. Lo , 5 “~ SARASOTA COUNTY, . Oe * ow Petitioner, oy c Lf vs. YB © CITY OF NORTHPORT and DEPARTMENT OF COMMUNITY AFFAIRS, DOAH Case No. 02-0832GM DRA Respondents, and Cl sed TAYLOR RANCH, INC. and TAYLOR RANCH, LTD., Intervenors. 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 comprehensive plan amendment 01-1 to the City of Northport comprehensive plan, adopted by Ordinance Nos. 2000-13 & 01-46 on December 11, 2001, is “in compliance” with the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Part II, Florida Statutes (the “Act”). FINAL ORDER NO. DCA 02-GM-123 The Department issued a Notice of Intent to find the amendment in compliance with the Act. Sarasota County filed a petition challenging the Department’s Notice of Intent, and alleged that the plan amendment is not “in compliance. On or about April 4, 2002, the County filed a Notice of Voluntary Dismissal. Following this Notice, 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 Northport Ordinance Nos. 2000-13 & 01-46 is determined to be “in compliance.” 7 f4 ra f (2 (be Cari L. Roth, Genéral Counsel DEPARTMENT OF COMMUNITY AFFAIRS 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 DONE AND ORDERED in Tallahassee, Florida. y, 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. FINAL ORDER NO. DCA 02-GM-123 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. 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 and correct copies have been furnished to the persons listed below in the manner described, on this Le = day of ul J2AAA , 2002. Le / ily. Paulé Ford Agency Clerk Tallahassee, FL BY FIRST CLASS U.S. MAIL Roger W. Sims, Esq. Jorge Fernandez, Esq. Holland & Knight LLP Alan Roddy, Esq. 200 South Orange Avenue Office of Sarasota County Suite 2600 Attorney Orlando, Florida 32801 1660 Ringling Boulevard Second Floor - and - Sarasota, Florida 34236 Counsel for Petitioner County Lawrence E. Sellers, Esq. Holland & Knight LLP BY FIRST CLASS U.S. MAIL 315 South Calhoun Street Suite 600 Robert K. Robinson, Esq. Tallahassee, Florida 32301 Bowman, George, Scheb, Toale & Robinson, P.A. - and - 2750 Ringling Boulevard Suite 3 Sarasota, Florida 34237 Counsel for Respondent City BY FIRST CLASS U.S. MAIL Thomas G. Pelham, Esq. Thomas G. Pelham Law Offices 909 East Park Avenue Tallahassee, Florida 32301 - and - Jeffrey A. Boone, Esq. Boone, Boone, Boone, Hines & Koda, P.A. Post Office Box 1596 Venice, Florida 34284 Counsel for Intervenors FINAL ORDER NO. DCA 02-GM-123 BY HAND DELIVERY Shaw P. Stiller, Esq. Assistant General Counsel Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Counsel for Respondent Department BY INTER-AGENCY MAIL Donald R. Alexander Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060

Docket for Case No: 02-000832GM
Issue Date Proceedings
Apr. 18, 2002 Final Order filed.
Apr. 05, 2002 Order Closing File issued. CASE CLOSED.
Apr. 04, 2002 Petitioner`s Notice of Voluntary Dismissal filed.
Mar. 29, 2002 Notice of Serving Intervenors` First Set of Expert Witness Interrogatories filed.
Mar. 22, 2002 Order of Pre-hearing Instructions issued.
Mar. 22, 2002 Notice of Hearing issued (hearing set for July 15 through 19, 2002; 9:00 a.m.; North Port, FL).
Mar. 21, 2002 Order issued (petition for leave to inervene filed by Taylor Ranch, Inc. and Taylor Ranch, Ltd. is granted).
Mar. 19, 2002 Intervenors Taylors` Response to Initial Order filed.
Mar. 19, 2002 Petition for Leave to Intervene filed by Taylor.
Mar. 18, 2002 Response to Initial Order (filed by Respondent via facsimile).
Mar. 13, 2002 Joint Response to Initial Order (filed via facsimile).
Feb. 26, 2002 Initial Order issued.
Feb. 22, 2002 Notice of Intent to Find the City of North Port Comprehensive Plan Amendment(s) in Compliance Docket No. 01-1 NOI-5803-(A)-(I) filed.
Feb. 22, 2002 Petition for Formal Administrative Hearing filed.
Feb. 22, 2002 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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