Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: HIGHLANDS COUNTY
Judges: BRAM D. E. CANTER
Agency: Department of Community Affairs
Locations: Sebring, Florida
Filed: Mar. 17, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, February 14, 2008.
Latest Update: Dec. 26, 2024
FINAL ORDER NO. DCA 08-GM-031
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Petitioner, “
Vv. DOAH Case No. 06-0934GM
HIGHLANDS COUNTY,
Respondent,
and
LOST LAKE GROVES, INC.,
and LAWRENCE BRUCE WELLS,
SR.,
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 A.
BACKGROUND
This is a proceeding to determine whether the Highlands
County Comprehensive Plan Amendment 07-R1l, adopted by Ordinance
07-08-3, on November 27, 2007, is “in compliance” with the Local
FINAL ORDER NO. DCA 08-GM-031
Government Comprehensive Planning and Land Development Regulation
Act, Ch. 163, Part II, Florida Statutes (the “Act”).
All parties to this proceeding 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.
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. Stil General Counsel
DEPARTMENT OF COMMUNITY AFFAIRS
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
FINAL ORDER NO. DCA 08-GM-031
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-031
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 - U.S. Mail to each of the persons listed below on
this Dott, day of bp , 2008.
aula Ford
Agency Clerk
J. Ross Macbeth, Esquire
Highlands County Attorney
2543 U.S. 27 South
Sebring, Florida 33871-1926
Michael T. Gallaher, Esquire
Peterson & Myers, P.A.
Post Office Box 1079
Lake Wales, Florida 33859-1079
Bert J. Harris, III, Esquire
Swaine, Harris & Sheehan, P.A.
401 Dal Hall Boulevard
Lake Placid, Florida 33852
Page 4 of 4
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF COMMUNITY
AFFAIRS,
Petitioner,
vs. Case No. 06-0934GM
HIGHLANDS COUNTY,
Respondent .
ORDER CLOSING FILE AND RELINQUISHING JURISDICTION
EE LEE ENQUESHING JURISDICTION
This cause came before the Administrative Law Judge on the
Department of Community Affairs’ Status Report and Motion to
Close File and Relinquish Jurisdiction, in which it is
represented that Respondent adopted remedial amendments that
resolved the disputes between the parties. Therefore, it is
ORDERED that file of the Division of Administrative Hearings
in this case is CLOSED and jurisdiction is relinquished to the
Department of Community Affairs for final action.
DONE AND ORDERED this 14th day of February, 2008, in
Tallahassee, Leon County, Florida.
BRAM D. E. CANTER
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 14th day of February, 2008.
COPIES FURNISHED:
J. Ross MacBeth, Esquire
Law Office of J. Ross MacBeth
2543 U.S. Highway 27 South
Sebring, Florida 33870
Bert J. Harris, III, Esquire
Swaine, Harris, Sheehan & McClure, P.A.
401 Dal Hall Boulevard
Lake Placid, Florida 33852
Michael T. Gallaher, Esquire
Peterson & Myers, P.A.
Post Office Box 1079
Lake Wales, Florida 33859-1079
Lynette Norr, Esquire
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Docket for Case No: 06-000934GM
Issue Date |
Proceedings |
Feb. 21, 2008 |
Final Order filed.
|
Feb. 14, 2008 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Feb. 14, 2008 |
Order of Dismissal.
|
Feb. 14, 2008 |
Petitioner Department of Community Affairs` Status Report and Motion to Close File and Relinquish Jurisdiction filed.
|
Feb. 13, 2008 |
Notice of Voluntary Dismissal (L. Wells) filed.
|
Feb. 13, 2008 |
Notice of Voluntary Dismissal (Lost Lake 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).
|
Nov. 03, 2007 |
Department of Community Affairs` 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. 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.
|
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.
|
May 16, 2006 |
Intervenor, Lost Lake Groves` Status Report filed.
|
Apr. 12, 2006 |
Order Granting Petitions to Intervene (Lost Lake Groves, Inc., and Lawrence Bruce Wells, SR).
|
Apr. 04, 2006 |
Wells` Petition for Leave to Intervene filed.
|
Mar. 29, 2006 |
Petition for Leave to Intervene (Lost Lake Groves, Inc.) filed.
|
Mar. 27, 2006 |
Order Placing Case in Abeyance (parties to advise status by May 12, 2006).
|
Mar. 24, 2006 |
Department of Community Affairs` Response to Initial Order and Motion to Place Proceeding into Abeyance filed.
|
Mar. 17, 2006 |
Initial Order.
|
Mar. 17, 2006 |
Department of Commmunity Affairs Notice of Intent to Find the Comprehensive Plan Amendments not in Compliance filed.
|
Mar. 17, 2006 |
Statement of Intent to Find Comprehensive Plan Amendment not in Compliance filed.
|
Mar. 17, 2006 |
Department of Community Affairs` Petition for Formal Administrative Hearing filed.
|