FINAL ORDER NO. DCA 05-GM-116 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS VILLAGE OF WELLINGTON, Petitioner, vs. DOAH CASE NO. 05-0944GM DEPARTMENT OF COMMUNITY AFFAIRS, and PALM BEACH COUNTY, > 8 ait = a. S = a —, Respondents, ° z=, i DY SxS mi and PALM BEACH AGGREGATES, INC., ave > B22 > O =< cod Intervenor. mm wn _— / Py ;) 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 Palm Beach County (“County”) Comprehensive Plan Amendment 04-2-NOI-5001-(A)-(I), adopted by Ordinance Nos. 2004-65 and 2004-66, are “in compliance” with the Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, Part IL, Florida Statutes (the “Act”). On June 15, 2005, Petitioner Village of Wellington (“Village”) and Intervenor Palm Beach Aggregates entered into a Settlement Agreement. On June 16, 2005, the Village filed a Notice of Voluntary Dismissal with the Division of Administrative Hearings. On June 16, 2005, the Administrative Law Judge cancelled the final hearing and issued FINAL ORDER NO. DCA 05-GM-116 an Order Closing File. ORDER WHEREFORE, it is ORDERED that the above-captioned proceeding is DISMISSED, the comprehensive plan amendments adopted by Ordinance Nos. 2004-65 and 2004-66 are determined to be in compliance, and the Agency Clerk is directed to close the file. DONE AND ORDERED in Tallahassee, Florida. 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., ISNOT AVAILABLE WITH RESPECT TO THE ISSUES RESOLVED BY THIS ORDER. FINAL ORDER NO. DCA 05-GM-116 CERTIFICATE OF FILING AND SERVICE 1 HEREBY CERTIFY that the original of the foregoing has been filed with the undersigned Agency Clerk of the Department of Community Affairs, and that true and correct copies have been furnished to the persons listed below in the manner described, on this 7¥/, day of June, 2005. ? | ; Paula Ford Agency Clerk U.S. Mail: The Honorable Charles A. Stampelos Claudio Reidi, Esq. Division of Administrative Hearings Felippe Moncarz, Esq. The DeSoto Building Lehtinen, Vargas, & Riedi, P.A. 1230 Apalachee Parkway 7700 North Kendall Drive, Suite 303 Tallahassee, FL 32399-1550 Miami, Florida 33156-7559 W. Douglas Moody, Jr., Esq. Myers & Fuller P.A. 2822 Remington Green Circle Tallahassee, Florida 32308 William R. Pfeiffer, Esq. Andrew J. Baumann, Esq Myers & Fuller P.A. Palm Beach County Attorney’s Office 2822 Remington Green Circle 301 North Olive Avenue, Suite 601 Tallahassee, Florida 32308 West Palm Beach, Florida 33401 Richard E. Shine Assistant General Counsel Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100

Docket for Case No: 05-000944GM