Elawyers Elawyers
Washington| Change

DEPARTMENT OF COMMUNITY AFFAIRS vs HIGHLANDS COUNTY, 05-003558GM (2005)

Court: Division of Administrative Hearings, Florida Number: 05-003558GM Visitors: 21
Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: HIGHLANDS COUNTY
Judges: BRAM D. E. CANTER
Agency: Department of Community Affairs
Locations: Sebring, Florida
Filed: Sep. 28, 2005
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, February 19, 2008.

Latest Update: Dec. 23, 2024
&, ly & ay SO FINAL ORDER NO. DCA 3 zu 088 Ais, Vy STATE OF FLORIDA MNEW 0. % o Ay, ‘a ? DEPARTMENT OF COMMUNITY AFFAIRS Mei DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, DOAH Case No. 05-3558GM HIGHLANDS COUNTY, Respondent, and DASHER GROVES, INC., LAKE PLACID GROVES, LLC. PATRICK HIGH, and NANCY HIGH, 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 AL BACKGROUND This is a proceeding to determine whether the Highlands County Comprehensive Plan Amendment 07-R1, adopted by Ordinance 07-08-3, on November 27, 2007, is “in compliance” with the Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, Part II, Florida Statutes (the “Act”). FINAL ORDER NO. DCA 08-GM-032 The Department and the County entered into a Stipulated Settlement Agreement which required the County to adopt certain remedial amendments. The County adopted the remedial amendments and the Department subsequently published its Cumulative Notice of Intent to find the Plan Amendment and the Remedial Amendment to be “in compliance” with Chapter 163, Part II, Florida Statutes, and Rule 9J-5, Florida Administrative Code. The Department previously published an Amended Notice of Intent finding Ordinance No. 04-05-72 (CPA-05-325LS adopted on June 28, 2005), in compliance. The remaining parties have dismissed. ORDER WHEREFORE, it is ORDERED that the above-captioned proceeding is DISMISSED, and the Agency Clerk is directed to close the file. DONE AND ORDERED this day in Tallahassee, Florida. Shaw P. Stille General Counsel DEPARTMENT OF COMMUNITY AFFAIRS 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 FINAL ORDER NO. DCA 08-GM-032 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., IS NOT AVAILABLE WITH RESPECT TO THE ISSUES RESOLVED BY THIS ORDER. FINAL ORDER NO. DCA 08-GM-032 CERTIFICATE OF FILING AND SERVICE I 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 by U.S. Mail to each of the persons listed below on this day of , 2008. ula Ford Agency Clerk J. Ross Macbeth, Esquire Highlands County Attorney 2543 U.S. 27 South Sebring, Florida 33871-1926 Bert J. Harris, III, Esquire Swaine, Harris & Sheehan, P.A. 401 Dal Hall Boulevard . Lake Placid, Florida 33852 Karen Brodeen, Esquire Fowler, White, Boggs, Banker, P.A. 101 North Monroe Street, Suite 1090 Post Office Box 11240 Tallahassee, Florida 32301 Clifford R. Rhoades, Esquire Clifford R. Rhoades, P.A. 2141 Lakeview Drive Sebring, Florida 33870-4969 Lynette Norr, Esqure Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 FINAL ORDER NO. DCA 08-GM-032 The Honorable Bram D. E. Canter Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060

Docket for Case No: 05-003558GM
Issue Date Proceedings
Feb. 26, 2008 Final Order filed.
Feb. 19, 2008 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Feb. 18, 2008 Petitioner Department of Community Affairs` Motion to Close File and Relinquish Jurisdiction filed.
Feb. 18, 2008 Order of Dismissal (Dasher Groves, Inc., is dismissed as a party in this case).
Feb. 15, 2008 Notice of Voluntary Dismissal with Prejudice filed.
Feb. 14, 2008 Order of Dismissal (dismissing Intervenor Lake Placid Groves, LLC).
Feb. 13, 2008 Notice of Voluntary Dismissal (Lake Placid Groves) filed.
Feb. 05, 2008 Notice of Transfer.
Feb. 04, 2008 Order Continuing Case in Abeyance (parties to advise status by February 14, 2008).
Feb. 04, 2008 Department of Community Affairs` Status Report filed.
Dec. 03, 2007 Order Continuing Case in Abeyance (parties to advise status by February 4, 2008).
Dec. 03, 2007 Department of Community Affais` Status Report filed.
Oct. 24, 2007 Order (proceeding is stayed; parties shall file a status report in accordance with the Order Continuing Case in Abeyance entered on October 2, 2007, detailing the status of remedial plan amendments).
Oct. 24, 2007 Notice of Filing Compliance Agreement and Request for Stay of Proceedings filed.
Oct. 02, 2007 Order Continuing Case in Abeyance (parties to advise status by December 3, 2007).
Oct. 01, 2007 Department of Community Affairs` Status Report filed.
Aug. 01, 2007 Order Continuing Case in Abeyance (parties to advise status by October 1, 2007).
Jul. 31, 2007 Department of Community Affairs` Status Report filed.
Jun. 11, 2007 Undeliverable envelope returned from the Post Office.
Jun. 01, 2007 Order Continuing Case in Abeyance (parties to advise status by July 31, 2007).
May 31, 2007 Department of Community Affairs` Status Report filed.
Mar. 21, 2007 Order Continuing Case in Abeyance (parties to advise status by May 31, 2007).
Mar. 15, 2007 Department of Community Affairs` Status Report filed.
Mar. 07, 2007 Stipulation for Substitution of Counsel filed.
Jan. 10, 2007 Notice of Appearance (filed by L. Norr).
Jan. 10, 2007 Order Continuing Case in Abeyance (parties to advise status by March 15, 2007).
Jan. 05, 2007 Department of Community Affairs Status Report filed.
Oct. 30, 2006 Order Continuing Case in Abeyance (parties to advise status by January 5, 2007).
Oct. 27, 2006 Status Report filed.
Oct. 13, 2006 Order Continuing Case in Abeyance (parties to advise status by October 27, 2006).
Oct. 05, 2006 Department of Community Affairs` Status Report filed.
Jul. 21, 2006 Order Continuing Case in Abeyance (parties to advise status by October 11, 2006).
Jul. 18, 2006 Status Report filed.
May 18, 2006 Order Continuing Case in Abeyance (parties to advise status by July 18, 2006).
May 17, 2006 Department of Community Affairs` Status Report filed.
Mar. 13, 2006 Order Continuing Case in Abeyance (parties to advise status by May 12, 2006).
Mar. 06, 2006 Department of Community Affairs` Status Report filed.
Feb. 27, 2006 Order (joint status report shall be filed on or before March 10, 2006, and if a joint status report cannot be coordinated, parties shall file separate status reports by that same date).
Feb. 15, 2006 Department of Community Affairs` Motion for Extension of Time to File Status Report filed.
Jan. 04, 2006 Order Granting Continuance and Placing Case in Abeyance (parties to advise status by February 16, 2006).
Dec. 20, 2005 Motion to Continue Final Hearing filed.
Nov. 07, 2005 Order of Pre-hearing Instructions.
Nov. 07, 2005 Notice of Hearing (hearing set for January 18 through 20, 2006; 9:00 a.m.; Sebring, FL).
Nov. 03, 2005 Response of Highlands County and Intervenors to Order to Show Cause filed.
Nov. 03, 2005 Response to Highlands County to Order to Show Cause filed.
Nov. 03, 2005 Notice of Appearance as Co-counsel (filed by L. Bryson).
Nov. 01, 2005 Petitioner Department of Community Affairs` Response to Order to Show Cause filed.
Oct. 27, 2005 Notice of Appearance as Co-counsel (filed by C. Cosby).
Oct. 25, 2005 Response to Initial Order filed by Respondent.
Oct. 25, 2005 Order to Show Cause (on or before November 3, 2005, all parties shall show cause as to why this case should not be placed in abeyance through at least the end of November to allow parties an opportunity to mediate this case as part of, or concurrent with, the mediation being scheduled in DOAH Case No. 05-1155GM).
Oct. 25, 2005 Order Granting Petitions to Intervene (Dasher Groves, Inc., Lake Placid Groves, LLC, Patrick High, and Nancy High).
Oct. 24, 2005 Response to Initial Order filed.
Oct. 06, 2005 Order Granting Extension of Time (parties` shall file their joint response to the Initial Order on or before October 13, 2005).
Oct. 04, 2005 Department of Community Affairs` Motion for Extension of Time to File Joint Response to Initial Order filed.
Sep. 30, 2005 Petition for Leave to Intervene (P. High and N. High) filed.
Sep. 30, 2005 Lake Placid Grove`s Petition for Leave to Intervene filed.
Sep. 30, 2005 Dasher`s Petition for Leave to Intervene filed.
Sep. 29, 2005 Initial Order.
Sep. 28, 2005 State of Florida, Department of Community Affairs, Notice of Intent to Find the Highlands County Comprehensive Plan Amendments Not in Compliance filed.
Sep. 28, 2005 Statement of Intent to Find Comprehensive Plan Amendment Not in Compliance filed.
Sep. 28, 2005 Department of Community Affairs` Petition for Formal Administrative Hearing filed.
Source:  Florida - Division of Administrative Hearings

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer