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
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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.
|