FINAL ORDER NO. DCA 03-GM-071_ 2. “ ) STATE OF FLORIDA &, DEPARTMENT OF COMMUNITY AFFAIRS GREENSPACE PRESERVATION ASSOCIATION, INC., ET AL., Petitioners, v. Toth Chee DEPARTMENT OF COMMUNITY DOAH Case No. 02-4258GM AFFAIRS and CITY OF GAINESVILLE, FLORIDA, Respondents. 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 Gainesville comprehensive plan amendment, adopted by Ordinance Nos. 000882 and 000515, on June 10, 2002, and August 12, 2002, respectively, 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. Petitioners filed a petition challenging the Department’s Notice of Intent, which alleged that the plan amendment is not “in compliance. Petitioners subsequently filed a withdrawal of the petition FINAL ORDER NO. DCA 03-GM-071 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 Gainesville Ordinance Nos. 000882 and 000515, adopted on June 10, 2002, and August 12, 2002, respectively, is determined to be “in compliance.” DONE AND ORDERED in Tallahassee, 4 Colleen a Castille, CE DEPARTMENT OF COM ITY AFFAIRS 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 FINAL ORDER NO. DCA 03-GM-071 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. 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., ISNOT AVAILABLE WITH RESPECT TO THE ISSUES RESOLVED BY THIS ORDER. FINAL ORDER NO. DCA 03-GM-071 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 “oy oprect wai bee furnished to the persons listed below in the manner described, on this PB day of , 2003. Moo Ford “yf Agency Clerk U.S. Mail: Hand Delivery: Elizabeth A. Waratuke, Esquire The Honorable Donald R. Alexander Daniel Nee, Esquire Administrative Law Judge Gainesville City Attorney’s Office Division of Administrative Hearings P.O. Box 1110 The DeSoto Building Gainesville, FL 32602-1110 1230 Apalachee Parkway Tallahassee, FL 32399-3060 Greenspace Preservation Association, Inc. 2114 NW 40" Terrace, Suite A-1 Gainesville, FL 32605 Colin M. Roopnarine, Assistant General Department of Community Affairs Paula Stahmer 2555 Shumard Oak Boulevard 4621 Clear Lake Drive Tallahassee, Florida 32399-2100 Gainesville, FL 32607 Everett Wilcox 2911 NW 30" Terrace Gainesville, FL 32605 Bonnie O’Brien 2329 Northwest 30" Terrace Gainesville, FL 32605-2718 Marilyn Walker 8260 Northwest 13" Street Lot No. 210 Gainesville, FL 32653-1129

Docket for Case No: 02-004258GM