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.
|