Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: MARION COUNTY
Judges: CHARLES A. STAMPELOS
Agency: Department of Community Affairs
Locations: Ocala, Florida
Filed: Feb. 24, 2003
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, August 19, 2004.
Latest Update: Dec. 23, 2024
Final Order No.: DCA04-GM-201
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS ia
DEPARTMENT OF COMMUNITY AFFAIRS,
Petitioner,
“etee
vs. DOAH CASE NO.: 03-0613GMp* Zz
MARION COUNTY
Respondent.
/
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 Marion County’s comprehensive plan
amendment, adopted by Ordinance Number 02-35, is “in compliance” with the Local
Government Comprehensive Planning and Land Development Regulation Act, Ch. 163,
Part I], Florida Statutes (the “Act”). The Department issued a Notice of Intent to find the
amendment not in compliance with the Act.
The Department filed a petition which alleged that the plan amendment is not “in
compliance.” The Department and the County subsequently entered into a Stipulated
Settlement Agreement.
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 Marion County in
Ordinance 02-35 is determined to be “in compliance.”
DONE AND ORDERED in Tallahassee, Florida.
en,
Thaddeus L. Cohen, AJA, Secretary
DEPARTMENT OF COMMUNITY AFFAIRS
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
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., 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 24 day of
October, 2004.
/
ie
Paula Ford
Agency Clerk
U.S. Mail:
Gordon B. Johnston, Esquire
County Attorney
601 Southeast 25th Avenue
Ocala, Florida 34471
cid
STATE OF FLORIDA : ~
DIVISION OF ADMINISTRATIVE HEARINGS 04 [fT 28 PM 1:00
DEPARTMENT OF COMMUNITY
AFFAIRS,
Petitioner,
vs. Case No. 03-0613GM
MARION COUNTY,
Respondent.
ORDER CLOSING FILE
This cause having come before the undersigned on a Notice of
Voluntary Dismissal, filed August 19, 2004, and the undersigned
being fully advised, it is, therefore,
ORDERED that the file of the Division of Administrative
Hearings in the above-captioned matter is hereby closed.
DONE AND ORDERED this 19th day of August, 2004, in
Tallahassee, Leon County, Florida.
Loa, Campo
CHARLES A. STAMPELOS
Administrative Law Judge
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
(850) 488-9675 SUNCOM 278-9675
Fax Filing (850) 921-6847
www.doah.state.fl.us
Filed with the Clerk of the
Division of Administrative Hearings
this 19th day of August, 2004.
EXHIBIT
1A.
COPIES FURNISHED:
Craig D. Varn, Esquire
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Gordon B. Johnston, Esquire
County Attorney
601 Southeast 25th Avenue
Ocala, Florida 34471-2690
Docket for Case No: 03-000613GM
Issue Date |
Proceedings |
Oct. 28, 2004 |
Final Order filed.
|
Aug. 19, 2004 |
Order Closing File. CASE CLOSED.
|
Aug. 19, 2004 |
Notice of Voluntary Dismissal (filed by Petitioner via facsimile).
|
Jul. 21, 2004 |
Order Continuing Case in Abeyance (parties to advise status by August 20, 2004).
|
Jul. 20, 2004 |
Status Report (filed by Petitioner via facsimile).
|
Apr. 19, 2004 |
Order Continuing Case in Abeyance (parties to advise status by July 15, 2004).
|
Apr. 15, 2004 |
Order Continuing Case in Abeyance (parties to advise status by July 15, 2004).
|
Apr. 15, 2004 |
Status Report (filed by Petitioner via facsimile).
|
Dec. 09, 2003 |
Order Continuing Case in Abeyance (parties to advise status by March 8, 2004).
|
Dec. 08, 2003 |
Status Report (filed by Petitioner via facsimile).
|
Oct. 09, 2003 |
Order Continuing Case in Abeyance (parties to advise status by December 8, 2003).
|
Oct. 08, 2003 |
Status Report (filed by Petitioner via facsimile).
|
Jul. 14, 2003 |
Order Continuing Case in Abeyance (parties to advise status by September 8, 2003).
|
Jul. 07, 2003 |
Status Report (filed by Petitioner via facsimile).
|
Jun. 03, 2003 |
Order Continuing Case in Abeyance issued (parties to advise status by July 7, 2003).
|
Jun. 02, 2003 |
Status Report (filed by Petitioner via facsimile).
|
Apr. 15, 2003 |
Notice of Substitution of Counsel for Department of Community Affairs (filed by C. Varn via facsimile).
|
Apr. 09, 2003 |
Order Continuing Case in Abeyance issued (parties to advise status by May 12, 2003).
|
Apr. 09, 2003 |
Status Report (filed by Petitioner via facsimile).
|
Mar. 04, 2003 |
Order Placing Case in Abeyance issued (parties to advise status by April 4, 2003).
|
Mar. 04, 2003 |
Joint Response to Initial Order (filed by Petitioner via facsimile).
|
Feb. 26, 2003 |
Initial Order issued.
|
Feb. 24, 2003 |
Department of Community Affairs Objections, Recomendations and Comments (filed via facsimile).
|
Feb. 24, 2003 |
Petition for Formal Administrative Hearing (filed via facsimile).
|