Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: CITY OF LYNN HAVEN
Judges: D. R. ALEXANDER
Agency: Department of Community Affairs
Locations: Lynn Haven, Florida
Filed: Feb. 21, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, June 29, 2006.
Latest Update: Dec. 24, 2024
FINAL ORDER NO. DCA06-GM-163
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
DEPARTMENT OF COMMUNITY AFFAIRS,
Petitioner,
vs.
CITY OF LYNN HAVEN, DOAH Case No. 06-0681 GM
Respondent.
/
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 is a proceeding to determine whether City of Lynn Haven (“City”) Comprehensive
Plan Amendment 05-1, adopted by Ordinance Nos, 824 and $36, on December 27, 2005 are “in
compliance” with the Local Government Comprehensive Planning and Land Development
Regulation Act, Ch. 163, Part IL, Florida Statutes.
The parties entered into a Stipulated Settlement Agreement which required the City to
adopt certain remedial amendments. The City adopted the remedial amendments and the
Department of Community Affairs (“Department”) subsequently published a Cumulative Notice
of Intent to find the original plan amendments and the remedial amendments “in compliance”
with Chapter 163, Part Il, Florida Statutes, and Rule 9J-5, Florida Administrative Code.
FINAL ORDER NO. DCA06-GM-163
The Department subsequently filed a Motion to Close File and Relinquish Jurisdiction.
The Administrative Law Judge issued an Order Closing File. 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.
/
HAUS L. Cote
Thaddeus L. Cohen, AIA, Secretary
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. DCA06-GM-163
CERTIFICATE OF FILING AND SERVICE
THEREBY 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 to the persons listed below in the manner described, on this//__ day
rt) , 2006.
Paula Ford
Agency Clerk
DEPARTMENT OF COMMUNITY AFFAIRS
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
U.S. Mail: Hand Delivery:
The Honorable Donald R. Alexander Kelly A. Martinson, Esquire
Administrative Law Judge Department of Community Affairs
Division of Administrative Hearings 2555 Shumard Oak Boulevard
The DeSoto Building Tallahassee, Florida 32399-2100
1230 Apalachee Parkway
Tallahassee, FL 32399-3060
Robert C. Jackson, Esq.
Harrison, Sale, McCloy & Thompson,
Chartered
304 Magnolia Ave.
Panama City, Florida 32401
Docket for Case No: 06-000681GM
Issue Date |
Proceedings |
Jul. 12, 2006 |
Final Order filed.
|
Jun. 29, 2006 |
Order Closing File. CASE CLOSED.
|
Jun. 28, 2006 |
Motion to Close File and Relinquish Jurisdiction filed.
|
Mar. 24, 2006 |
Order Continuing Case in Abeyance (parties to advise status by June 30, 2006).
|
Mar. 23, 2006 |
Notice of Filing Stipulated Settlement Agreement and Request for Continued Stay of Proceedings filed.
|
Feb. 27, 2006 |
Order Placing Case in Abeyance (parties to advise status by May 31, 2006).
|
Feb. 24, 2006 |
Joint Response to Initial Order and Request to Place Case in Abeyance filed.
|
Feb. 21, 2006 |
Initial Order.
|
Feb. 21, 2006 |
Notice of Intent to Find the City of Lynn Haven Comprehensive Plan Amendments Adopted by Ordinance No. 825 in Compliance and the Comprehensive Plan Amendments Adopted by Ordinance NOS. 824 and 836 Not in Compliance filed.
|
Feb. 21, 2006 |
Statement of Intent to Find Comprehensive Plan Amendment not in Compliance filed.
|
Feb. 21, 2006 |
Petition of the Department of Community Affairs filed.
|