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RICHARD S. REESE vs ST. JOHNS COUNTY AND DEPARTMENT OF COMMUNITY AFFAIRS, 03-000732GM (2003)

Court: Division of Administrative Hearings, Florida Number: 03-000732GM Visitors: 18
Petitioner: RICHARD S. REESE
Respondent: ST. JOHNS COUNTY AND DEPARTMENT OF COMMUNITY AFFAIRS
Judges: D. R. ALEXANDER
Agency: Department of Community Affairs
Locations: St. Augustine, Florida
Filed: Mar. 03, 2003
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, April 23, 2003.

Latest Update: Dec. 22, 2024
or FINAL ORDER NO. DCA03-GM40E PA STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS RICHARD S. REESE, Petitioner, Vs. ST. JOHNS COUNTY AND DEPARTMENT OF D (LA- bles COMMUNITY AFFAIRS, DOAH Case No. 03-0732GM Respondents, and RING POWER CORPORATION and WORLD COMMERCE CENTER, LLP, 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 St. Johns County’s comprehensive plan amendment, adopted by Ordinance No. 2000-34 on December 10, 2002, 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. FINAL ORDER NO. DCA03-GM-105 The Petitioners filed a petition challenging the Department’s Notice of Intent, which alleged that the plan amendment is not “in compliance. The Petitioners subsequently filed a Notice of Dismissal. 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 St. Johns County Ordinance No. 2000-34 is determined to be “in compliance.” DONE AND ORDERED in Tallahassee, Florida. Colleen Castil le, & ecretary 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. FINAL ORDER NO. DCA03-GM-105 MEDIATION UNDER SECTION 120.573, FLA. STAT., ISNOT 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 Ray of CG port { _, 2003. Paula Ford Agency Clerk U. S. Mail: Hand Delivery: Sidney F. Ansbacher, Esquire Craig Varn, Assistant General Upchurch, Bailey and Upchurch, P.A. Department of Community Affairs P.O. Box 3007 2555 Shumard Oak Boulevard St. Augustine, Florida 32085-3007 Tallahassee, Florida 32399-2100 Isabelle C. Lopez, Esquire St. Johns County 4020 Lewis Speedway St. Augustine, Florida 32085-8637 The Honorable Donald R. Alexander Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060

Docket for Case No: 03-000732GM
Issue Date Proceedings
Apr. 25, 2003 Final Order filed.
Apr. 23, 2003 Order Closing File issued. CASE CLOSED.
Apr. 22, 2003 Petitioner`s Notice of Dismissal (filed via facsimile).
Apr. 16, 2003 Order Denying Motion issued. (the motion to vacate order for expedited hearing is denied)
Apr. 15, 2003 Intervenors` Response to Motion to Vacate Order for Expedited Hearing (filed via facsimile).
Apr. 15, 2003 Consent Motion for Extension of Time to Answer Petitioner`s First Set of Interrogatories, and to Respond to Petitioner`s First Request for Production of Documents (filed by I. Lopez via facsimile).
Apr. 14, 2003 Notice of Substitution of Counsel for Department of Community Affairs (filed by D. Jordan via facsimile).
Apr. 10, 2003 Motion to Vacate Order for Expedited Hearing (filed by Petitioner via facsimile).
Apr. 07, 2003 Petitioner`s First Request for Production of Documents to St. Johns County filed.
Apr. 07, 2003 Petitioner`s Notice of Service of Request for Production of Documents to St. Johns County filed.
Apr. 07, 2003 Order of Pre-hearing Instructions issued.
Apr. 07, 2003 Order Granting Continuance and Re-scheduling Hearing issued (hearing set for May 1 and 2, 2003; 9:30 a.m.; St. Augustine, FL).
Apr. 04, 2003 Renewed Demand for Expedited Hearing Pursuant to Section 163.3189(3), Florida Statutes (filed by S. Ansbacher via facsimile).
Apr. 04, 2003 Richard S. Reese`d First Set of Interrogatories to Florida Department of Community Affairs filed.
Apr. 04, 2003 Petitioner`s Notice of Service of Interrogatories to Florida Department of Community Affairs filed.
Apr. 04, 2003 Richard S. Reese`s First Set of Interrogatories to World Commerce Center, LLP filed.
Apr. 04, 2003 Petitioner`s Notice of Service of Interrogatories to World Commerce Center, LLP filed.
Apr. 04, 2003 Richard S. Reese`s First Set of Interrogatories to Ring Power Corporation filed.
Apr. 04, 2003 Petitioner`s Notice of Service of Interrogatories to Ring Power Corporation filed.
Apr. 04, 2003 Richard S. Reese`s First Set of Interrogatories to St. Johns County filed.
Apr. 04, 2003 Petitioner`s Notice of Service of Interrogatories to St. Johns County filed.
Mar. 18, 2003 Order of Pre-hearing Instructions issued.
Mar. 18, 2003 Order Granting Continuance and Re-scheduling Hearing issued (hearing set for June 2 and 3, 2003; 1:00 p.m.; St. Augustine, FL).
Mar. 14, 2003 Consent Motion to Reschedule Final Hearing and to Refer to Mediation (filed S. Ansbacher via facsimile).
Mar. 11, 2003 Order of Pre-hearing Instructions issued.
Mar. 11, 2003 Notice of Hearing issued (hearing set for June 26 and 27, 2003; 9:00 a.m.; St. Augustine, FL).
Mar. 10, 2003 Order issued. (final hearing scheduled for March 24 and 25, 2003, is cancelled, and the matter is rescheduled to Thursday, June 26, 2003, in St. Augustine, Florida)
Mar. 06, 2003 Supplemental Response to Initial Order by Intervenors: Acceptance of June 26th and June 27th Hearing Dates (filed by S. Ansbacher via facsimile).
Mar. 06, 2003 Joint Response to Initial Order (filed by C. Roopnarine via facsimile).
Mar. 06, 2003 Order issued. (the parties are advised that the final hearing will be held on Monday, March 24, 2003, in St. Augustine, Florida, the specific time and location of the hearing will be given by separate notice of hearing)
Mar. 06, 2003 Order issued. (petition for leave to intervene is granted, Intervenors, Ring Power Corporation and World Commerce Center, LLP)
Mar. 05, 2003 Petition for Leave to Intervene and Demand for Expedited Hearing, (Ring Power Corporation and World Commerce Center, L.L.P. (filed by S. Ansbacher via facsimile).
Mar. 03, 2003 Notice of Intent to Find the St. Johns County Comprehensive Plan Amendments in Compliance (filed via facsimile).
Mar. 03, 2003 Initial Order issued.
Feb. 26, 2003 Amended Petition for Formal Administrative Hearing filed.
Feb. 26, 2003 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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