Petitioner: VICTOR LAMBOU, ROBERT ALESSI AND EARL ENGE
Respondent: WAKULLA COUNTY AND DEPARTMENT OF COMMUNITY AFFAIRS
Judges: D. R. ALEXANDER
Agency: Department of Community Affairs
Locations: Tallahassee, Florida
Filed: Apr. 07, 2005
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, July 24, 2006.
Latest Update: Dec. 23, 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: 05-001249GM
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, V. Lambou, and R. Alessi) 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, 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. 15, 2005 |
Appendix to Motion for Stay filed.
|
Apr. 15, 2005 |
Motion for Stay Pending Appeal filed.
|
Apr. 14, 2005 |
Joint Response to Initial Order filed.
|
Apr. 12, 2005 |
Petition to Intervene filed.
|
Apr. 07, 2005 |
Initial Order.
|
Apr. 07, 2005 |
Amended Petition for Administrative Hearing filed.
|
Apr. 07, 2005 |
Final Order Partially Dismissing Petition with Prejudice filed.
|
Apr. 07, 2005 |
Agency referral filed.
|