Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: CITY OF SEBRING
Judges: J. LAWRENCE JOHNSTON
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 Friday, February 22, 2008.
Latest Update: Dec. 26, 2024
FINAL ORDER NO. DCA 08-GM-060
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS an
by, Ps,
DEPARTMENT OF COMMUNITY KES > “9
AFFAIRS, Yop Be)
tig @
Petitioner, One Oo
4 °
v. DOAH Case No. 06-0935GM
CITY OF SEBRING,
Respondent,
and
EAGLE LAKE ESTATES, LLC,
and WCR, INC., a/k/a
WOLF CREEK RANCH,
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 City of
Sebring (City) Comprehensive Plan Amendment 07-R2, adopted by
Ordinance Nos. 1256 and 1258 on December 18, 2007, is “in
compliance” with the Local Government Comprehensive Planning and
FINAL ORDER NO. DCA 08-GM-060
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 City to adopt certain
remedial amendments. The City 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’s Cumulative Notice of Intent to find the
Plan Amendment and the Remedial Amendment to be “in compliance,”
published January 24, 2008, and attached hereto as Exhibit B, is
unchallenged.
The Department subsequently filed a Motion to Close File and
Relinquish Jurisdiction. The Administrative Law Judge issued the
Order Closing File (copy attached hereto).
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. Stilld&s; General Counsel
DEPARTMENT OF COMMUNITY AFFAIRS
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Page 2 of 4
FINAL ORDER NO. DCA 08-GM-060
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.
Page 3 of 4
FINAL ORDER NO. DCA 08-GM-060
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
ne Le, 2 eP- S. Mail to each of the persons listed below on
this day ot ep _ , 2008.
Paula Ford
Agency Clerk
Michael T. Gallaher, Esquire
Peterson & Myers, P.A.
Post Office Box 1079
Lake Wales, Florida 33859-1079
J. Michael Swaine, Esquire
Swaine, Harris & Sheehan, P.A.
425 South Commerce Avenue
Sebring, Florida 33870-3702
The Honorable J. Lawrence Johnston
Administrative Law Judge
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
And by Hand Delivery to:
Lynette Norr
Assistant General Counsel
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Page 4 of 4
Docket for Case No: 06-000935GM
Issue Date |
Proceedings |
Feb. 27, 2008 |
Final Order filed.
|
Feb. 22, 2008 |
Order Closing File. CASE CLOSED.
|
Feb. 21, 2008 |
Petitioner Department of Community Affairs` Motion to Close File and Relinquish Jurisdiction filed.
|
Dec. 11, 2007 |
Order Continuing Case in Abeyance (parties to advise status by April 16, 2008).
|
Dec. 10, 2007 |
Notice of Filing Compliance Agreement and Request for Stay of Proceedings filed.
|
Nov. 27, 2007 |
Order Continuing Case in Abeyance (parties to advise status by January 11, 2008).
|
Nov. 27, 2007 |
Department of Community Affairs` Status Report filed.
|
Oct. 01, 2007 |
Order Continuing Case in Abeyance (parties to advise status by November 27, 2007).
|
Sep. 28, 2007 |
Department of Community Affairs` Status Report filed.
|
Jul. 31, 2007 |
Order Continuing Case in Abeyance (parties to advise status by September 28, 2007).
|
Jul. 30, 2007 |
Department of Community Affairs` Status Report filed.
|
Jun. 01, 2007 |
Order Continuing Case in Abeyance (parties to advise status by July 30, 2007).
|
May 31, 2007 |
Department of Community Affairs` Status Report filed.
|
Apr. 11, 2007 |
Order Continuing Case in Abeyance (parties to advise status by May 31, 2007).
|
Apr. 09, 2007 |
Department of Community Affairs Status Report filed.
|
Jan. 10, 2007 |
Notice of Appearance (filed by L. Norr).
|
Jan. 08, 2007 |
Order Continuing Case in Abeyance (parties to advise status by April 9, 2007).
|
Jan. 05, 2007 |
Department of Community Affairs Amended Status Report filed.
|
Dec. 27, 2006 |
Status Report filed.
|
Oct. 31, 2006 |
Order Continuing Case in Abeyance (parties to advise status by December 26, 2006).
|
Oct. 27, 2006 |
Status Report filed.
|
Oct. 06, 2006 |
Order Continuing Case in Abeyance (parties to advise status by October 27, 2006).
|
Oct. 05, 2006 |
Department of Community Affairs` Status Report filed.
|
Aug. 11, 2006 |
Order Continuing Case in Abeyance (parties to advise status by October 11, 2006).
|
Aug. 10, 2006 |
Department of Community Affairs` Status Report filed.
|
Jul. 13, 2006 |
Order Granting Leave to Intervene (WCR, Inc., a/k/a Wolf Creek Ranch).
|
Jul. 12, 2006 |
Petition for Leave to Intervene (WCR, Inc., a/k/a Wolf Creek Ranch) filed.
|
May 17, 2006 |
Order Continuing Case in Abeyance (parties to advise status by August 10, 2006).
|
May 17, 2006 |
Department of Community Affairs` Status Report filed.
|
May 17, 2006 |
Order Continuing Case in Abeyance (parties to advise status by June 16, 2006).
|
May 16, 2006 |
Respondent`s and Intervenor`s Joint Status Report filed.
|
Mar. 30, 2006 |
Order Granting Leave to Intervene (Eagle Lake Estates, LLC).
|
Mar. 29, 2006 |
Petition for Leave to Intervene (Eagle Lake Estates, LLC) 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 Community Affairs Notice of Intent to Find the Comprehensive Plan Amendments not in Compliance filed.
|
Mar. 17, 2006 |
Statement of Intent to Find Comprehensive Plan Amendments not in Compliance filed.
|
Mar. 17, 2006 |
Department of Community Affairs` Petition for Formal Administrative Hearing filed.
|