Elawyers Elawyers
Washington| Change

DEPARTMENT OF COMMUNITY AFFAIRS vs WALTON COUNTY, 06-000418GM (2006)

Court: Division of Administrative Hearings, Florida Number: 06-000418GM Visitors: 12
Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: WALTON COUNTY
Judges: D. R. ALEXANDER
Agency: Department of Community Affairs
Locations: Defuniak Springs, Florida
Filed: Feb. 02, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, July 11, 2008.

Latest Update: May 23, 2024
FINAL ORDER NPs prapree “” STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS yp JLIb Alte 12 DEPARTMENT OF COMMUNITY i! He OF AFFAIRS, AD RATIVE HEARINGS Petitioner, v. DOAH Case Nos. 06-0418GM 07-5476GM WALTON COUNTY, Respondent. / FINAL ORDER An Administrative Law Judge of the Division of Administrative Hearings has entered an Order Closing Files 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 Walton County (“County”) Comprehensive Plan Amendment 07-R1, adopted in part by Ordinance No. 2007-22 (specifically Coastal Zone/Conservation Element Policy C-4.2.6) on August 28, 2007, is “in compliance” with the Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, Part II, Florida Statutes (the “Act”), The parties entered into a Stipulated Settlement Agreement which required the County to adopt certain remedial amendments. The County adopted the remedial amendments and the Department of Community Affairs (“Department”) subsequently published a Cumulative Notice of Intent to find the original plan amendment and the remedial amendment “in compliance” with the Act. FINAL ORDER NO. DCA08-GM-200 The Department then filed a Motion to Close File and Relinquish Jurisdiction. The Administrative Law Judge issued an Order Closing Files. No Exceptions to the Administrative Law Judge’s Order were filed. 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 in Tallahassee, Florida. Shaw P. iG Mie Counsel DEPARTMENT OF COMMUNITY AFFAIRS 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. DCA08-GM-200 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 corre copies have been furnished to the persons listed below in the manner described, on this “eta (0) » 2008. ~ Paula Ford Agency Clerk U.S. Mail: Hand Delivery: The Honorable Donald R. Alexander Kelly A. Martinson, Esq. Administrative Law Judge Assistant General Counsel Division of Administrative Hearings Department of Community Affairs The DeSoto Building 2555 Shumard Oak Boulevard © 1230 Apalachee Parkway - Tallahassee, Florida 32399-2100 Tallahassee, Florida 32399-3060 Cari Roth, Esq. Suzanne Van Wyk, Esq. Theresa Proctor, Esq. Bryant Miller Olive 101 N. Monroe St., Suite 900 Tallahassee, Florida 32301 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS , DEPT. OF COMMUN, DEPARTMENT OF COMMUNITY GENERAL COUNSELS ones AFFAIRS, Petitioner, 07-5476GM WALTON COUNTY, ) ) ) ) ) vs. ) Case Nos. 06-0418GM ) ) ) Respondent. ) ) ORDER CLOSING FILES ee ENG PLLES This cause having come before the undersigned on Petitioner's Motion to Close File and Relinquish Jurisdiction, and the undersigned being fully advised in the premises, it is, therefore, ORDERED that: 1. Petitioner's motion is granted. 2. The files of the Division of Administrative Hearings in the above-captioned matter are hereby closed and jurisdiction is relinquished to the agency. DONE AND ORDERED this llth day of July, 2008, in Tallahassee, Leon County, Florida. DONALD R. ALEXANDER Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www. doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this llth day of July, 2008. COPIES FURNISHED: Kelly A. Martinson, Esquire Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 David A. Hallman, Esquire ~ Walton County Attorney 161 East Sloss Avenue Defuniak Springs, Florida 32433-1343 Cari L. Roth, Esquire Bryant Miller & Olive P.A. 101 North Monroe Street, Suite 900 Tallahassee, Florida 32301-1546

Docket for Case No: 06-000418GM
Issue Date Proceedings
Jul. 16, 2008 Final Order filed.
Jul. 11, 2008 Order Closing Files. CASE CLOSED.
Jul. 10, 2008 Motion to Close File and Relinquish Jurisdiction filed.
Jun. 23, 2008 Order Continuing Case in Abeyance (parties to advise status by July 23, 2008).
Jun. 20, 2008 Status Report and Motion for Continued Abeyance of Proceedings filed.
Mar. 11, 2008 Order Continuing Case in Abeyance (parties to advise status by June 27, 2008).
Mar. 10, 2008 Notice of Filing Stipulated Settlement Agreement and Request for Continued Stay of Proceedings filed.
Jan. 17, 2008 Order Cancelling Hearing and Placing Case in Abeyance (parties to advise status by March 17, 2008).
Jan. 16, 2008 Motion to Cancel Hearing and Place Case in Abeyance filed.
Dec. 21, 2007 Partial Final Order filed.
Dec. 20, 2007 Corrected Order.
Dec. 19, 2007 Order (Motion to Partially Close File and Partially Relinquish Jurisdiction is granted).
Dec. 17, 2007 Motion to Partially Close File and Partially Relinquish Jurisdiction filed.
Dec. 11, 2007 Order of Pre-hearing Instructions.
Dec. 11, 2007 Notice of Hearing (hearing set for February 7, 2008; 9:30 a.m., Central Time; Defuniak Springs, FL).
Dec. 11, 2007 Order (DOAH Case Nos. 06-0418GM and 07-5476GM are consolidated).
Sep. 04, 2007 Order Continuing Case in Abeyance (parties to advise status by November 30, 2007).
Aug. 30, 2007 Notice of Filing Stipulated Settlement Agreement and Request for Continued Stay of Proceedings filed.
Aug. 20, 2007 Order Continuing Case in Abeyance (parties to advise status by October 1, 2007).
Aug. 17, 2007 Status Report and Motion for Continued Abeyance of Proceedings filed.
Jun. 12, 2007 Order Continuing Case in Abeyance (parties to advise status by August 17, 2007).
Jun. 11, 2007 Status Report and Motion for Continued Abeyance of Proceedings filed.
Apr. 09, 2007 Notice of Unavailability filed.
Apr. 05, 2007 Order Continuing Case in Abeyance (parties to advise status by June 11, 2007).
Mar. 30, 2007 Status Report and Motion for Continued Abeyance of Proceedings filed.
Feb. 12, 2007 Notice of Unavailbilty filed.
Jan. 17, 2007 Order (Motion to Withdraw is granted).
Jan. 16, 2007 Notice of Withdrawal filed.
Jan. 10, 2007 Order Continuing Case in Abeyance (parties to advise status by March 30, 2007).
Jan. 08, 2007 Status Report and Motion for Continued Abeyance of Proceedings filed.
Nov. 03, 2006 Order Continuing Case in Abeyance (parties to advise status by January 8, 2007).
Nov. 02, 2006 Status Report and Motion for Continued Abeyance of Proceedings filed.
Oct. 17, 2006 Notice of Appearance (filed by G. Vorbeck).
Sep. 01, 2006 Order Continuing Case in Abeyance (parties to advise status by November 3, 2006).
Aug. 31, 2006 Status Report and Motion for Continued Abeyance of Proceedings filed.
May 15, 2006 Order Continuing Case in Abeyance (parties to advise status by August 31, 2006).
May 12, 2006 Status Report and Motion for Continued Abeyance of Proceedings filed.
May 10, 2006 Notice of Unavailability filed.
Mar. 16, 2006 Letter to S. Van Wyk from L. Atkinson regarding settlement filed.
Feb. 27, 2006 Order (Ebsco Industries, Inc.`s Petition for Leave to Intervene is granted).
Feb. 21, 2006 EBSCO Industries, Inc.`s Petition for Leave to Intervene filed.
Feb. 10, 2006 Order Placing Case in Abeyance (parties to advise status by May 12, 2006).
Feb. 09, 2006 Joint Notice of Appearance (filed by D. Hallman and C. Roth).
Feb. 09, 2006 Joint Response to Initial Order and Request to Place Case in Abeyance filed.
Feb. 06, 2006 Order (granting the Petition to Intervene).
Feb. 02, 2006 Petition to Intervene (A. Ficarra) filed.
Feb. 02, 2006 Initial Order.
Feb. 02, 2006 Notice of Intent to Find the Walton County Comprehensive Plan Amendments filed.
Feb. 02, 2006 Statement of Intent to Find Comprehensive Plan Amendment not in Compliance filed.
Feb. 02, 2006 Petition of the Department of Community Affairs 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