Petitioner: TODD A. MACDONALD AND WANDA L. MACDONALD
Respondent: CITY OF LYNN HAVEN
Judges: CHARLES A. STAMPELOS
Agency: Department of Community Affairs
Locations: Lynn Haven, Florida
Filed: Jul. 25, 2005
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, August 15, 2005.
Latest Update: Jan. 10, 2025
FINAL ORDER NO. DCA05-GM-230
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STATE OF FLORIDA ry i
DEPARTMENT OF COMMUNITY AFFAIRS 3 ee
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TODD A. MACDONALD and WANDA L. = cath)
MACDONALD, ~
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Petitioners, an S
vs. DOAH Case No. 05-26286M 7/6500.
CITY OF LYNN HAVEN,
Respondents.
/
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 matter involves a challenge to a “small scale” comprehensive plan amendment
adopted by the City of Lynn Haven by Ordinance No. 804 on June 27, 2005, hereinafter referred
to as the “Plan Amendment.”
The Petitioners challenged the Plan Amendment by filing a Petition with the Division of
Administrative Hearings, as authorized by §163.3187(3), Fla. Stat. The Petitioners
subsequently filed a Notice of Voluntary Dismissal.
The Administrative Law Judge issued an Order Closing File.
ORDER
WHEREFORE, it is ORDERED that the above-captioned proceeding is DISMISSED,
FINAL ORDER NO. DCA05-GM-230
and the comprehensive plan amendment adopted by City of Lynn Haven Ordinance No. 804 is-
determined to be “in compliance.”
DONE AND ORDERED in Tallahassee, Florida.
“Hitliis Lotte!
Thaddeus L. Cohen, AIA, Secretary
DEPARTMENT OF COMMUNITY AFFAIRS
NOTICE OF RIGHTS
EACH PARTY IS HEREBY ADVISED OF ITS RIGHT TO SEEK JUIDICAL 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. DCA05-GM-230
CERTIFICATE OF FILING AND SERVICE
[| HEREBY CERTIFY that the original of the foregoing has been filed with the
undersigned designated Agency Clerk, and that true and correct copies haye been furnished to the
persons listed below jn the manner described, on this Ni yj , 2005.
Paula Ford
Agency Clerk
Via U. S. Mail:
Todd A. MacDonald The Honorable Charles A. Stampelos
Wanda L. MacDonald Administrative Law Judge
5135 MacDonald Drive Division of Administrative Hearings
Lynn Haven, Florida 32444 The DeSoto Building
1230 Apalachee Parkway
David A. Theriaque, Esquire Tallahassee, FL 32399-3060
Theriaque, Vorbeck, & Spain
1114 East Park Avenue
Tallahassee, FL 32301
Docket for Case No: 05-002628GM
Issue Date |
Proceedings |
Nov. 30, 2005 |
Final Order filed.
|
Aug. 15, 2005 |
Order Closing File. CASE CLOSED.
|
Aug. 15, 2005 |
Notice of Voluntary Dismissal filed.
|
Aug. 08, 2005 |
Respondent City of Lynn Haven`s Motion for Entry of an Order Establishing Pre-hearing Instructions filed.
|
Aug. 08, 2005 |
Order of Pre-hearing Instructions.
|
Aug. 08, 2005 |
Notice of Hearing (hearing set for September 19 and 20, 2005; 10:00 a.m., Central Time; Lynn Haven, FL).
|
Aug. 01, 2005 |
Respondent City of Lynn Haven`s First Request for Production of Documents from Petitioner Wanda L. McDonald filed.
|
Aug. 01, 2005 |
Notice of Appearance (filed by D. Theriaque, G. Vorbeck and S. Spain).
|
Aug. 01, 2005 |
Respondent City of Lynn Haven`s Response to Initial Order filed.
|
Aug. 01, 2005 |
Respondent City of Lynn Haven`s First Request for Production of Documents from petitioner Todd A. McDonald filed.
|
Aug. 01, 2005 |
Notice of Service of Respondent City of Lynn Haven`s First Set of Interrogatories Directed to Petitioner Todd A. McDonald filed.
|
Aug. 01, 2005 |
Notice of Service of Respondent City of Lynn Haven`s First Set of Interrogatories Directed to Petitioner Wanda L. McDonald filed.
|
Aug. 01, 2005 |
Response to Initial Order filed.
|
Jul. 25, 2005 |
Petition for Administrative Hearing filed.
|
Jul. 25, 2005 |
Initial Order.
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