Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: CITY OF APOPKA
Judges: T. KENT WETHERELL, II
Agency: Department of Community Affairs
Locations: Astatula, Florida
Filed: Mar. 10, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, October 15, 2007.
Latest Update: Dec. 23, 2024
FINAL ORDER NO. DCA07-GM-239
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS oy
FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS, .
Petitioner, SAL Ge GR
“igs
vs. DOAH Case No. 06-08516M“<
CITY OF APOPKA
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 the City of Apopka (City) Comprehensive Plan
Amendments for site numbers 27, 33, 34, 39, 40, 43, 45, 46, 47, 48, 52, 59, and 60, adopted by
Ordinance No. 1759 on December 21, 2005, are “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 City to
adopt certain remedial amendments. The City adopted the remedial amendments and, on
September 14, 2007, the Department published its Cumulative Notice of Intent to find the plan
FINAL ORDER NO. DCA07-GM-239
amendments and the remedial amendments to be “in compliance” with Chapter 163, Part II,
Florida Statutes, and Rule 9J-5, Florida Administrative Code.
The Department subsequently filed with the Division of Administrative Hearings a Notice
of Voluntary Dismissal. On October 15, 2007, the Administrative Law Judge issued his 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.
Shaw P. Stiller, General Counsel
DEPARTMENT OF COMMUNITY AFFAIRS
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
FINAL ORDER NO. DCA07-GM-239
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. DCA07-GM-239
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 / g day of October, 2007.
U.S. Mail:
The Honorable T. K. Wetherell, II
Administrative Law Judge
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, FL 32399-1550
Frank C. Kruppenbacher, Esq.
9064 Great Heron Circle
Orlando, FL 32836
Hand Delivery:
Leslie Bryson, Esquire
Department of Community Affairs
2555 Shumard Oak Blvd.
Tallahassee, Florida 32399
Paula Ford
Agency Clerk
Florida Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Dan R. Stengle, Esq.
Vinette Godelia, Esq.
Hopping, Green & Sams, P.A.
123 South Calhoun Street
Tallahassee, FL 32301
Docket for Case No: 06-000851GM
Issue Date |
Proceedings |
Oct. 19, 2007 |
Final Order filed.
|
Oct. 15, 2007 |
Order Closing File. CASE CLOSED.
|
Oct. 12, 2007 |
Notice of Voluntary Dismissal filed.
|
Jul. 13, 2007 |
Order Continuing Case in Abeyance (parties to advise status by October 15, 2007).
|
Jul. 13, 2007 |
Joint Status Report filed.
|
Jun. 04, 2007 |
Order Continuing Case in Abeyance (parties to advise status by July 13, 2007).
|
Jun. 01, 2007 |
Joint Status Report filed.
|
May 01, 2007 |
Order Continuing Case in Abeyance (parties to advise status by June 1, 2007).
|
Apr. 30, 2007 |
Joint Status Report filed.
|
Jan. 30, 2007 |
Order Continuing Case in Abeyance (parties to advise status by April 30, 2007).
|
Jan. 29, 2007 |
Joint Status Report filed.
|
Nov. 30, 2006 |
Order Continuing Case in Abeyance (parties to advise status by January 29, 2007).
|
Nov. 29, 2006 |
Joint Status Report filed.
|
Nov. 09, 2006 |
Notice of Appearance (filed by D. Stengle).
|
Oct. 30, 2006 |
Order Continuing Case in Abeyance (parties to advise status by November 29, 2006).
|
Oct. 27, 2006 |
Status Report filed.
|
Jul. 31, 2006 |
Order Continuing Case in Abeyance (parties to advise status by October 27, 2006).
|
Jul. 31, 2006 |
Status Report filed.
|
May 25, 2006 |
Order Continuing Case in Abeyance (parties to advise status by July 25, 2006).
|
May 22, 2006 |
Status Report filed.
|
Mar. 22, 2006 |
Order Placing Case in Abeyance (parties to advise status by May 22, 2006).
|
Mar. 16, 2006 |
Response to Initial Order filed.
|
Mar. 13, 2006 |
Initial Order.
|
Mar. 10, 2006 |
Department of Community Affairs Notice of Intent to Find the City of Apoka Comprehensive Plan Amendments not in Compliance filed.
|
Mar. 10, 2006 |
Statement of Intent to Find Comprehensive Plan Amendment not in Compliance filed.
|
Mar. 10, 2006 |
Department of Community Affairs` Petition for Formal Administrative Hearing filed.
|