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DEPARTMENT OF COMMUNITY AFFAIRS vs CITY OF ALACHUA, 02-003792GM (2002)

Court: Division of Administrative Hearings, Florida Number: 02-003792GM Visitors: 12
Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: CITY OF ALACHUA
Judges: D. R. ALEXANDER
Agency: Department of Community Affairs
Locations: Alachua, Florida
Filed: Sep. 27, 2002
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, August 6, 2003.

Latest Update: Nov. 15, 2024
FINAL ORDER NO. DCA03-GM-227 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, v. DOAH Case No. 02-3792GM k++ Docket No. 02-1-NOJ-0102-(A)-(N) CITY OF ALACHUA, Respondent, and FIRST STREET GROUP, L.C., and ALACHUA HOLDINGS, INC., 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 portions of the City of Alachua (City) Comprehensive Plan Amendments adopted by Ordinance Nos. OQ-02-06 and O-02-07 on May 20, 2002, are “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 that required the City to adopt certain remedial amendments. The City adopted the remedial amendrnents and the Department subsequently published its Cumulative Notice of Intent to find the Plan FINAL ORDER NO. DCA03-GM-227 Amendment and the remedial amendment to be “in compliance” with the Act and Rule 9J-5, Florida Administrative Code. The Department subsequently filed a Motion to Close File And Relinquish Jurisdiction. The Administrative Law Judge issued an Order Closing File on August 6, 2003. 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, Florida. COLLEEN CASTILLE, Secretary DEPARTMENT OF COMMUNITY AFFAIRS 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 NOTICE OF RIGHTS pak ee el 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(6)U.)(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 ANDI) MUST BE ACCOMPANIED BY THE FILING FEE SPECIFIED IN SECTION 35.22(3), FLORIDA STATUTES. FINAL ORDER NO. DCA03-GM-227 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 L HEREBY CERTIFY that the original of the foregoing has been filed with the undersigned Agency Clerk of the Department of Community Affairs, and that trae and correct capies have been furnished to the persons listed below in the manner described, on this / if day of August, 2003. GY beled: Yad Paula Ford Agency Clerk via Hand Delivery: via. U.S. Mail: The Honorable 1D.R. Alexander Marion B. Rush, Esq. Division of Administrative Hearings Rush & Glassman The DeSoto Building 726 Northeast First Street 1230 Apalachee Parkway Gainesville, Florida 32601 Tallahassee, Florida 32399-1550 Timothy E. Dennis Nancy G. Linnan, Esq. Assistant General Counsel Post Office Box 190 Department of Community Affairs Tallahassee, Florida 32302 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100

Docket for Case No: 02-003792GM
Issue Date Proceedings
Aug. 15, 2003 Final Order filed.
Aug. 06, 2003 Order Closing File. CASE CLOSED.
Aug. 05, 2003 Petitioner`s Motion to Close File and Relinquish Jurisdiction (filed via facsimile).
Jun. 03, 2003 Order Continuing Case in Abeyance issued (parties to advise status by August 29, 2003).
Jun. 02, 2003 Joint Status Report and Motion to Continued Abeyance of Proceedings (filed via facsimile).
Jun. 02, 2003 Notice of Filing of Stipulated Settlement Agreement and Request for Stay of Proceedings (filed by Petitioner via facsimile).
Apr. 11, 2003 Notice of Substitution of Counsel for Department of Community Affairs (filed by T. Dennis via facsimile).
Apr. 02, 2003 Order Continuing Case in Abeyance issued (parties to advise status by May 30, 2003).
Apr. 01, 2003 Status Report (filed by Petitioner via facsimile).
Feb. 12, 2003 Order Continuing Case in Abeyance issued (parties to advise status by March 31, 2003).
Feb. 10, 2003 Joint Response to Initial Order (filed by Petitioner via facsimile).
Oct. 07, 2002 Order Placing Case in Abeyance issued (parties to advise status by January 31, 2003).
Oct. 04, 2002 Joint Response to Initial Order (filed via facsimile).
Oct. 02, 2002 Petition for Leave to Intervene (filed by M. Chumbler via facsimile).
Oct. 01, 2002 Initial Order issued.
Sep. 27, 2002 Notice of Intent to Find the City of Alachua Comprehensive Plan Amendments Adopted by Ordinance Nos. 0-02-02 on May 20, 2002; Ordinance Nos 0-02-04 and 0-02-05 on June 3, 2002 in Compliance and the Comprehensive Plan Amendments Adopted by Ordinance Nos. 0-02-06 and 0-02-07 on July 15, 2002 Not in Complinance etc. (filed via facsimile).
Sep. 27, 2002 Proposed Comprehensive Plan Amendment (filed via facsimile).
Sep. 27, 2002 Petition for Formal Administrative Hearing (filed via facsimile).
Source:  Florida - Division of Administrative Hearings

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