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DEPARTMENT OF COMMUNITY AFFAIRS vs TAYLOR COUNTY, 06-001537GM (2006)

Court: Division of Administrative Hearings, Florida Number: 06-001537GM Visitors: 26
Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: TAYLOR COUNTY
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Community Affairs
Locations: Perry, Florida
Filed: Apr. 27, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, March 21, 2008.

Latest Update: Dec. 26, 2024
FINAL ORDER NO. DCA08-GM-092 STATE OF FLORIDA Qu, DEPARTMENT OF COMMUNITY AFFAIRS be, “«e Ge, Fy DEPARTMENT OF COMMUNITY KEE, “? AFFAIRS, YG, © Petitioner, S Ly So v. DOAH Case No. 06-1537GM TAYLOR COUNTY, Respondent, and KENNETH B. HUTCHINS, Intervenor. / 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 Taylor County (“County”) Comprehensive Plan Amendment 05-1ER, specifically Coastal Management Element Policy IX 6.5, adopted by Ordinance No. 2005-13 on November 7, 2005, 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 FINAL ORDER NO. DCA08-GM-092 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. . The Department then 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. Shaw P. Stiller, General 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. FINAL ORDER NO. DCA08-GM-092 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. 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 correc’ copies have peen furnished to the persons listed below in the manner described, on this 2b. ‘day of 2008. “ Paula Ford ae Agency Clerk U.S. Mail: Hand Delivery: The Honorable J. Lawrence Johnston 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 Conrad C. Bishop, Jr., Esq. The Bishop Law Firm, P.A. P.O. Box 167 Perry, Florida 32348 Brenna M. Durden, Esq. Patrick W. Krechowski, Esq. Lewis, Longman & Walker, P.A. 245 Riverside Ave., Suite 150 Jacksonville, Florida 32202

Docket for Case No: 06-001537GM
Issue Date Proceedings
Mar. 27, 2008 Final Order filed.
Mar. 21, 2008 Order Closing File. CASE CLOSED.
Mar. 20, 2008 Motion to Close File and Relinquish Jurisdiction filed.
Feb. 05, 2008 Order Continuing Case in Abeyance (parties to advise status by March 31, 2008).
Feb. 04, 2008 Status Report filed.
Oct. 04, 2007 Order Continuing Case in Abeyance (parties to advise status by February 1, 2008).
Oct. 03, 2007 Notice of Filing Stipulated Settlement Agreement and Request for Continued Stay of Proceeding.
Sep. 18, 2007 Order Cancelling Hearing and Placing Case in Abeyance (parties to advise status by November 13, 2007).
Sep. 14, 2007 Motion to Cancel Hearing and Place in Abeyance filed.
May 22, 2007 Letter to DOAH from A. Anderson regarding address change for City of Perry filed.
May 16, 2007 Order Granting Continuance and Re-scheduling Hearing (hearing set for October 9 through 11, 2007; 9:00 a.m.; Perry, FL).
May 11, 2007 Agreement filed.
May 09, 2007 Joint Motion for Continuance filed.
May 04, 2007 Notice of Mediation Conference filed.
Mar. 13, 2007 Order Granting Continuance and Re-scheduling Hearing (hearing set for July 17 through 19, 2007; 9:00 a.m.; Perry, FL).
Mar. 12, 2007 Department`s Addendum to Joint Motion for Continuance filed.
Mar. 12, 2007 Joint Motion for Continuance filed.
Mar. 09, 2007 Department`s Objections and Response to Intervenor`s First Request for Production of Documents filed.
Mar. 02, 2007 Notice of Appearance (filed by B. Durden).
Feb. 23, 2007 Petitioner Department`s First Request for Production from Respondent Taylor County filed.
Feb. 23, 2007 Petitioner Department`s First Set of Requests for Admissions to Respondent Taylor County filed.
Feb. 23, 2007 Petitioner Department`s Notice of Service of First Set of Interrogatories to Respondent Taylor County filed.
Feb. 23, 2007 Petitioner Department`s First Request for Production from Intervenor Kenneth Hutchins filed.
Feb. 23, 2007 Petitioner Department`s Notice of Service of First Set of Interrogatories to Intervenor Kenneth Hutchins filed.
Feb. 23, 2007 Petitioner Department`s First Set of Requests for Admissions to Intervenor Hutchins filed.
Feb. 09, 2007 Intervenor`s First Request for Production of Documents to Petitioner Department of Community Affairs filed.
Jan. 31, 2007 Response to Notice to Produce filed.
Jan. 09, 2007 Letter to K. Martinson from K. Hutchinson response to pre-hearing instructions filed.
Jan. 02, 2007 Notice of Appearance (filed by K. Hutchins).
Dec. 28, 2006 Notice to Produce filed.
Dec. 26, 2006 Order Granting Leave to Intervene (Kenneth B. Hutchins).
Dec. 19, 2006 Petition for Leave to Intervene as a Full Party (filed by Kenneth Hutchins).
Dec. 11, 2006 Order of Pre-hearing Instructions.
Dec. 11, 2006 Notice of Hearing (hearing set for April 17, 19, and 20, 2007; 9:00 a.m.; Perry, FL).
Dec. 06, 2006 Status Report filed.
Oct. 03, 2006 Order Continuing Case in Abeyance (parties to advise status by December 1, 2006).
Oct. 02, 2006 Status Report filed.
Aug. 01, 2006 Order Continuing Case in Abeyance (parties to advise status by October 2, 2006).
Jul. 31, 2006 Status Report filed.
May 04, 2006 Order Placing Case in Abeyance (parties to advise status by August 1, 2006).
May 03, 2006 Joint Response to Initial Order and Request to Place Case in Abeyance filed.
Apr. 28, 2006 Initial Order.
Apr. 27, 2006 Notice of Intent to Find the Taylor County Amendment(s) Future Land Use Element, Traffic Circulation Housing Element: Sanitary Sewer, Solid Waste, Drainage, Potable Water and High Groundwater Aquifer Recharge Element etc. filed.
Apr. 27, 2006 Statement of Intent to Find Comprehensive Plan Amendment not in Compliance filed.
Apr. 27, 2006 Petition of the Department of Community Affairs filed.
Source:  Florida - Division of Administrative Hearings

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