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THE SIERRA CLUB, INC.; CONCERNED CITIZENS OF WAKULLA, INC.; VICTOR LAMBOU; ROBERT ALESSI; AND EARL ENGE vs DEPARTMENT OF COMMUNITY AFFAIRS, WAKULLA COUNTY, FLORIDA WILDLIFE FEDERATION, AND LEON COUNTY, 03-004516GM (2003)

Court: Division of Administrative Hearings, Florida Number: 03-004516GM Visitors: 7
Petitioner: THE SIERRA CLUB, INC.; CONCERNED CITIZENS OF WAKULLA, INC.; VICTOR LAMBOU; ROBERT ALESSI; AND EARL ENGE
Respondent: DEPARTMENT OF COMMUNITY AFFAIRS, WAKULLA COUNTY, FLORIDA WILDLIFE FEDERATION, AND LEON COUNTY
Judges: D. R. ALEXANDER
Agency: Department of Community Affairs
Locations: Tallahassee, Florida
Filed: Dec. 03, 2003
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, July 24, 2006.

Latest Update: Nov. 14, 2024
FINAL ORDER NO. DCA 06-GM-178 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS THE SIERRA CLUB, INC., oe “Fy CONCERNED CITIZENS OF S cms WAKULLA, INC., VICTOR LAMBOU, ae and ROBERT ALESSI, 7) Pag Petitioners, = cA DOAH Case Nos. 03-4516GM Vv. 05-1249GM WAKULLA COUNTY, DEPARTMENT OF COMMUNITY AFFAIRS, FLORIDA WILDLIFE FEDERATION and LEON COUNTY, Respondents, and N.G. WADE INVESTMENT COMPANY, INC., Intervenor. / FINAL ORDER An Administrative Law Judge of the Division of Administrative Hearings has entered an Order Closing Files in these proceedings. A copy of the Order is attached to this Final Order as Exhibit A. . BACKGROUND This is a proceeding to determine whether the Wakulla County comprehensive plan amendments adopted by Ordinance No. 2003-23 on October 6, 2003, Amended Ordinance No. 2005-1 on January 3, 2005, and Ordinance No. 2005-59 on November 7, 2005 are “in 1 FINAL ORDER NO. DCA 06-GM-178 compliance” with the Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, Part II, Florida Statutes (the “Act”). The Department issued an Amended Cumulative Notice of Intent and Notice of Intent to find the amendments “in compliance” with the Act. The Petitioners filed petitions challenging the Department's Notices of Intent, which alleged that the plan amendments are not “in compliance.” The Petitioners subsequently filed a Notice of Voluntary Dismissal with Prejudice, ) The Administrative Law Judge issued an Order Closing Files. ORDER WHEREFORE, it is ORDERED that the above-captioned proceeding is DISMISSED, and the comprehensive plan amendments adopted by Wakulla County Ordinance No. 2003-23, Amended Ordinance No. 2005-1, and Ordinance No. 2005-59 are determined to be “in compliance,” DONE AND ORDERED in Tallahg$see, Fioridd. ? LOY Thaddeus Qohen, AIA, Secretary DERARTMENT OF COMMUNITY 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 2 FINAL ORDER NO. DCA 06-GM-178 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. FINAL ORDER NO. DCA 06-GM-178 CERTIFICATE OF FILING AND SERVICE THEREBY 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 7 AE of C\ on fay , 2006. \ Paula Ford lors Agency Clerk Department of Community Affairs 2555 Shumard Oak Boulevard VIA U.S. MAIL: The Honorable Donald R. Alexander Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-3060 Donna Biggins, Esquire Mowrey & Biggins, P.A. 515 North Adams Street Tallahassee, Florida 32301-1111 Counsel for Wakulla County Robert A. Routa, Esquire Robert A, Routa, P.A. Post Office Drawer 6506 Tallahassee, Florida 32314-6506 Counsel for N.G, Wade Investment Company, Inc. David A. Theriaque, Esquire Theriaque, Vorbeck & Spain 1114 East Park Avenue Tallahassee, Florida 32301-2651 Counsel for Florida Wildlife Federation Tallahassee, Florida 32399-2100 Herbet W. A. Thiele, Esquire Leon County Attorney’s Office 301 South Monroe Street, Suite 217 Tallahassee, Florida 32301-1803 and William B. Graham, Esquire Carr Allison 305 South Gadsden Street Tallahassee, Florida 32301 Counsel for Leon County Ross Stafford Burnaman, Esquire 1018 Holland Drive Tallahassee, Florida 32301 Counsel for Petitioners VIA HAND DELIVERY: Kelly A. Martinson, Esq. Department of Community A ffairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100

Docket for Case No: 03-004516GM
Issue Date Proceedings
Aug. 01, 2006 Final Order filed.
Jul. 24, 2006 Order Closing Files. CASE CLOSED.
Jul. 21, 2006 Notice of Voluntary Dismissal with Prejudice filed.
Jul. 13, 2006 Notice of Service of Respondent Florida Wildlife Federation`s Answers to Petitioners` Interrogatories 1 through 16 filed.
Jun. 29, 2006 Order Granting Continuance and Placing Case in Abeyance (parties to advise status by September 29, 2006).
Jun. 29, 2006 N.G. Wade Investment Company`s Motion for Continuance filed.
Jun. 22, 2006 Leon County`s Notice of Objections to Petitioners` Interrogatories filed.
Jun. 20, 2006 Notice of Taking Deposition filed.
Jun. 19, 2006 Florida Wildlife Federation`s Response to Petitioners Sierra Club, Inc. and Concerned Citizens of Wakulla, Inc. [sic] Request for Admissions to Florida Wildlife Federation, Inc. filed.
Jun. 19, 2006 Petitioner Florida Wildlife Federation`s Notice of Objections to Petitioners` Interrogatories to Florida Wildlife Federation filed.
Jun. 12, 2006 Letter to R. Gordon from K. Martinson enclosing a complete copy of the Notice of Filing Stipulated Settlement Agreement and Request for Stay of Proceedings filed on January 11, 2005.
Jun. 09, 2006 Petitioners` Notice of Service of Answers to Interrogatories filed.
Jun. 09, 2006 Petitioners` Cross Notice of Taking Deposition filed.
Jun. 09, 2006 Petitioners` Re-notice of Taking Deposition of Department of Community Affairs filed.
Jun. 09, 2006 Respondent Department of Community Affairs` Response to Petitioner Sierra Club, Inc.`s Request for Admissions filed.
Jun. 08, 2006 Order (E. Enge is dismissed as a party in these matters).
Jun. 07, 2006 Petitioner Earl Enge`s Notice of Voluntary Dismissal filed.
Jun. 07, 2006 Department of Community Affairs` Notice of Taking Depositions filed.
Jun. 07, 2006 Re-notice of Taking Deposition filed.
Jun. 02, 2006 Notice of Taking Deposition filed.
Jun. 02, 2006 Respondent Wakulla County`s Response to Request for Admissions filed.
Jun. 02, 2006 Order (Petitioners` Unopposed Request for Official Recognition is granted).
May 26, 2006 Supplemental Response to Request for Production filed.
May 24, 2006 Petitioners` Notice of Cancellation of Deposition of Department of Community Affairs filed.
May 19, 2006 Petitioners` Request for Official Recognition filed.
May 19, 2006 Petitioners Sierra Club, Inc. and Concerned Citizens of Wakulla, Inc. Request for Admissions to Florida Wildlife Federation, Inc. filed.
May 19, 2006 Petitioners` Notice of Service of Interrogatories to Leon County filed.
May 19, 2006 Petitioners` Notice of Service of Interrogatories to Florida Wildlife Federation filed.
May 16, 2006 Petitioners` Notice of Taking Deposition of Department of Community Affairs filed.
Apr. 27, 2006 Petitioner Sierra Club, Inc. Request for Admissions to Wakulla County filed.
Apr. 27, 2006 Petitioner Sierra Club, Inc. Request for Admissions to Department filed.
Apr. 27, 2006 Response to Department`s Request for Production of Documents to Sierra Club, Inc. filed.
Apr. 27, 2006 Response to Department`s Request for Production of Documents to Concerned Citizens of Wakulla, Inc. filed.
Apr. 27, 2006 Response to Department`s Request for Production of Documents to Earl Enge filed.
Apr. 27, 2006 Response to Department`s Request for Production of Documents to Robert Alessi filed.
Apr. 27, 2006 Response to Department`s Request for Production of Documents to Victor Lambou filed.
Apr. 07, 2006 Respondent Department of Community Affairs` Amended Notice of Service of First Set of Interrogatories to Petitioner Sierra Club, Inc. filed.
Apr. 07, 2006 Respondent Department of Community Affairs` Amended Notice of Service of First Set of Interrogatories to Petitioner Concerned Citizens of Wakulla, Inc. filed.
Apr. 07, 2006 Respondent Department of Community Affairs` Amended Notice of Service of First Set of Interrogatories to Petitioner Victor Lambou filed.
Apr. 07, 2006 Respondent Department of Community Affairs` Amended Notice of Service of First Set of Interrogatories to Petitioner Robert Alessi filed.
Apr. 07, 2006 Respondent Department of Community Affairs` Amended Notice of Service of First Set of Interrogatories to Petitioner Earl Enge filed.
Mar. 23, 2006 Respondent Department of Community Affairs` Notice of Service of Interrogatories to Petitioners Sierra Club Inc. and Concerned Citizens of Wakulla, Inc. filed.
Mar. 23, 2006 Respondent Department of Community Affairs` Notice of Service of First Set of Interrogatories to Petitioners Victor Lambou, Robert Alessi, and Earl Enge filed.
Mar. 23, 2006 Respondent Department of Community Affairs` First Request for Production from Petitioners Sierra Club Inc. and Concerned Citizens of Wakulla, Inc. filed.
Mar. 23, 2006 Respondent Department of Community Affairs` First Request for Production from Petitioners Victor Lambou, Robert Alessi, and Earl Enge filed.
Mar. 17, 2006 Respondent Department of Community Affairs` Notice of Service of Answers and Objections to Petitioners` Interrogatories filed.
Feb. 27, 2006 Order of Pre-hearing Instructions.
Feb. 27, 2006 Notice of Hearing (hearing set for July 6, 7 and 12 through 14, 2006; 9:30 a.m.; Tallahassee, FL).
Feb. 14, 2006 Status Report filed.
Feb. 13, 2006 Request for Administrative Notice filed.
Feb. 01, 2006 Order Granting Motion.
Jan. 30, 2006 Status Report and Motion for Continued Abeyance of Proceedings filed.
Jan. 30, 2006 Response in Opposition to Motion to Strike and to Notice of Joinder filed.
Jan. 27, 2006 Order Realigning Parties.
Jan. 24, 2006 Notice of Joinder on behalf of Department filed.
Jan. 20, 2006 Motion to Strike filed.
Jan. 17, 2006 Amended Certificate of Service filed.
Jan. 13, 2006 Department of Community Affairs` Notice of Filing Notice of Intent and Request for Realignment of Parties filed.
Jan. 12, 2006 Amended Petition for Administrative Hearing (Concerned Citizens of Wakulla, Inc.) filed.
Jan. 12, 2006 Second Amended Petition for Administrative Hearing filed.
Jan. 12, 2006 Amended Petition for Administrative Hearing filed.
Jan. 09, 2006 Order Continuing Case in Abeyance (parties to advise status by January 30, 2006).
Jan. 05, 2006 Notice of Change of Firm Name filed.
Dec. 29, 2005 Status Report filed.
Dec. 22, 2005 Status Report and Motion for Continued Abeyance of Proceedings filed.
Oct. 10, 2005 Notice of Filing Stipulated Settlement Agreement and Request for Stay of Proceedings filed.
Sep. 19, 2005 Notice of Service of Answers to Interrogatories filed.
Sep. 19, 2005 Order Continuing Case in Abeyance (parties to advise status by December 30, 2005).
Sep. 12, 2005 Notice of Adoption of Status Report and Motion for Continued Abeyance of Proceedings filed.
Sep. 09, 2005 Status Report and Motion for Continued Abeyance of Proceedings filed.
Sep. 09, 2005 Status Report filed.
Jul. 07, 2005 Amended Notice of Service of Defendant, Wakulla County`s Answers to Petitioners` First Set of Interrogatories filed.
Jul. 06, 2005 Notice of Service of Defendant, Wakulla County`s Answers to Petitioners` First Set of Interrogatories filed.
Jun. 27, 2005 Order Granting Motion (cases shall continue to remain in abeyance until September 9, 2005, pending efforts by the parties to resolve the dispute).
Jun. 21, 2005 Petitioner`s Response to Motion for Substitution filed.
Jun. 10, 2005 Notice of Filing, and Motion for Substitution of Petition and Final Order filed.
Jun. 03, 2005 Petitioner Concerned Citizens of Wakulla, Inc.`s Notice of Service of Response to N. G. Wade Investment Company`s Interrogatories and Request for Production filed.
Jun. 03, 2005 Petitioner Sierra Club, Inc.`s Notice of Service of First Interrogatories to N. G. Wade Investment Company filed.
Jun. 03, 2005 Order Granting Continuance and Placing Case in Abeyance (parties to advise status by September 9, 2005).
Jun. 02, 2005 Motion to Place Case in Abeyance filed.
May 31, 2005 Petitioners` Notice of Service of First Interrogatories to Florida Department of Community Affairs filed.
May 16, 2005 Order (Motion for Leave to File Amended Petition granted).
May 12, 2005 Department of Community Affairs` Notice of Filing Amended Cumulative Notice of Intent filed.
May 09, 2005 Order (Ross Stafford Burnaman, as substitute counsel) .
May 06, 2005 Notice of Substitution of Counsel filed.
May 04, 2005 Notice of Taking Deposition (E. Enge, R. Alessi, and V. Lambou) filed.
May 03, 2005 Sierra Club, Inc.`s Motion for Leave to File Amended Petition filed.
May 03, 2005 Notice of Appearance (filed by R. Stafford Burnaman, Esquire).
May 02, 2005 Respondent, Wakulla County`s Response to Petitioners` Motion for Sanctions filed.
Apr. 22, 2005 Order (Motion to Disqualify the law firm of David A. Theriaque, P.A., from participation in these cases denied).
Apr. 22, 2005 Notice of Appearance (filed by R. Burnaman, Esquire).
Apr. 18, 2005 Order (consolidated cases are: 03-4516GM and 05-1249GM).
Apr. 18, 2005 Petitioner Florida Wildlife Federation`s Reply to Intervenor N.G. Wade Investment Company, Inc.`s and Wakulla County`s Responses to the Filing of the Department of Community Affairs filed.
Apr. 15, 2005 Notice of Service to Interrogatories filed.
Apr. 13, 2005 Response to the Filing of the Department of Community Affairs filed by Wakulla County.
Apr. 12, 2005 Response to the Filing of the Department of Community Affairs filed.
Apr. 06, 2005 Response to Order filed.
Mar. 30, 2005 Order (DCA shall have 10 days from the date of this Order in which to file a response indicating whether it has already consented, or will consent after consultation, to the law firm`s participation in this matter, responses, if any, to DCA`s filing shall be due within 7 days thereafter).
Mar. 23, 2005 Leon County`s Amended Notice of Compliance with Section 163.3184(16)(f)1, F.S. and Adoption of Pleadings, or in the Alternative, Motion to Amend as to Certificate of Service only filed.
Mar. 21, 2005 Petitioner Florida Wildlife Federation`s Response to Intervenor N.G. Wade Investment Company, Inc.`s Motion to Disqualify filed.
Mar. 16, 2005 Order of Pre-hearing Instructions.
Mar. 16, 2005 Notice of Hearing (hearing set for July 11 through 15, 2005; 9:00 a.m.; Tallahassee, FL).
Mar. 15, 2005 Joint Response to Order filed.
Mar. 11, 2005 Leon County`s Response to Order Dated February 28, 2005 filed.
Mar. 09, 2005 Motion to Disqualify (filed by R. Routa).
Mar. 09, 2005 Request for Administrative Notice (filed by R. Routa).
Mar. 08, 2005 Wakulla County`s Motion to Strike Leon County`s Last Prior Pleading filed.
Mar. 07, 2005 Petitioner Florida Wildlife Federation`s Response to Order Dated February 28, 2005 filed.
Mar. 02, 2005 Leon County`s Notice of Compliance with Section 163.3184(16)(f)1, F.S. and Adoption of Pleadings, or in the Alternative, Motion to Amend filed.
Feb. 28, 2005 Order (parties shall confer and advise by March 15, 2005 of all days in May, June, and July 2005, when they are not available for hearing and the estimated number of days necessary to complete the hearing).
Feb. 23, 2005 Notice of Appearance (filed by W. Graham, Esquire).
Feb. 15, 2005 Order (Department of Community Affairs` Notice of Filing Cumulative Notice of Intent and Request for Realignment of Parties granted).
Feb. 15, 2005 Department of Community Affairs` Notice of Filing Cumulative Notice of Intent and Request for Realignment of Parties filed.
Jan. 18, 2005 Intervenor Florida Wildlife Federation`s Response to Request for Stay of Proceedings filed by Petitioner Department of Community Affairs filed.
Jan. 14, 2005 Order Continuing Case in Abeyance (parties to advise status by June 17, 2005).
Jan. 11, 2005 Notice of Filing Stipulated Settlement Agreement and Request for Stay of Proceedings (filed by Petitioner without exhibits).
Dec. 17, 2004 Notice of Substitution of Counsel for Department of Community Affairs (filed by K. Martinson, Esquire).
Dec. 01, 2004 Order Continuing Case in Abeyance filed.
Nov. 30, 2004 Status Report and Motion for Continued Abeyance of Proceedings (filed by Petitioner).
Nov. 09, 2004 Notice of Substitution of Counsel for Department of Community Affairs (filed by M. Webb, Esquire, via facsimile).
Oct. 26, 2004 Order Continuing Case in Abeyance (parties to advise status by November 30, 2004).
Oct. 15, 2004 Status Report and Motion for Continued Abeyance of Proceedings (filed by Petitioner via facsimile).
Sep. 21, 2004 Order Continuing Case in Abeyance (parties to advise status by October 15, 2004).
Sep. 01, 2004 Status Report and Motion for Continued Abeyance of Proceedings (filed by Petitioner via facsimile).
Jun. 21, 2004 Order Continuing Case in Abeyance (parties to advise status by August 31, 2004).
Jun. 17, 2004 Motion to Continue Holding Case in Abeyance filed by D. Theriaque, Esquire.
Apr. 19, 2004 Notice of Filing Amended Certificate of Service for Intervenor Florida Wildlife Federation`s Motion to Continue Holding Case in Abeyance filed by S. Spain.
Apr. 15, 2004 Order Continuing Case in Abeyance (parties to advise status by June 18, 2004).
Apr. 14, 2004 Motion to Continue Holding Case in Abeyance filed by D. Theriaque.
Feb. 06, 2004 Order. (Leon County`s petition to intervene is granted)
Feb. 06, 2004 Intervenor Florida Wildlife Federation`s Response to Leon County`s Petition to Intervene filed.
Feb. 03, 2004 Petition to Intervene (filed by Leon County, Florida).
Jan. 28, 2004 Order Granting Continuance and Placing Case in Abeyance (parties to advise status by April 30, 2004).
Jan. 27, 2004 Motion for a Ninety-day Continuance of Administrative Hearing filed by D. Theriaque.
Jan. 22, 2004 Intervenor Florida Wildlife Federation`s First Request for Production of Documents from Respondent Wakulla County filed.
Jan. 22, 2004 Intervenor Florida Wildlife Federation`s First Request for Production of Documents from Intervenor N.G. Wade Investment Company, Inc. filed.
Jan. 22, 2004 Notice of Service of Intervenor Florida Wildlife Federation`s First Set of Interrogatories to Respondent Wakulla County filed.
Jan. 22, 2004 Notice of Service of Intervenor Florida Wildlife Federation`s First Set of Interrogatories to Intervenor N.G. Wade Investment Company, Inc. filed.
Dec. 22, 2003 Order. (Florida Wildlife Federation, The Sierra Club, Inc., and Concerned Citizens of Wakulla, Inc. Petitions to Intervene are granted).
Dec. 18, 2003 Petition for Leave to Intervene as Full Parties (filed by The Sierra Club, Inc., and Concerned Citizens of Wakulla, Inc., via facsimile).
Dec. 18, 2003 Petition to Intervene (filed by Florida Wildlife Federation).
Dec. 12, 2003 Respondents Response to Initial Order filed.
Dec. 12, 2003 Order of Pre-hearing Instructions.
Dec. 12, 2003 Notice of Hearing (hearing set for March 17, 2004; 9:00 a.m.; Tallahassee, FL).
Dec. 11, 2003 Intervenors Response to Initial Order filed.
Dec. 11, 2003 Petitioner Department of Community Affairs` Response to Initial Order (filed via facsimile).
Dec. 05, 2003 Order. (N. G. Wade Investment Company, Inc. Petition to Intervene is granted).
Dec. 04, 2003 Initial Order.
Dec. 03, 2003 Department of Community Affairs Notice of Intent to Find the Wakulla County Comprehensive Plan Amendment(s) not in Compliance (filed via facsimile).
Dec. 03, 2003 Statement of Intent to Find Comprehensive Plan Amendment not in Compliance (filed via facsimile).
Dec. 03, 2003 Petition for Formal Adminstrative Hearing (filed via facsimile).
Dec. 03, 2003 Agency referral (filed via facsimile).
Dec. 02, 2003 Petition to Intervene (filed by N. G. Wade Investment Company).
Source:  Florida - Division of Administrative Hearings

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