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DEPARTMENT OF COMMUNITY AFFAIRS vs TOWN OF LAKE HAMILTON, 06-002390GM (2006)

Court: Division of Administrative Hearings, Florida Number: 06-002390GM Visitors: 50
Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: TOWN OF LAKE HAMILTON
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Community Affairs
Locations: Lake Fern, Florida
Filed: Jul. 07, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, January 14, 2008.

Latest Update: Dec. 22, 2024
FINAL ORDER NO. DCA 08-GM-005 STATE OF FLORIDA a DEPARTMENT OF COMMUNITY AFFAIRS [202 Ji lb A Hl: 13 DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, vs. DOAH Case No. 06-2390GM CITY OF LAKE HAMILTON Respondent, and ALARAX DEVELOPMENT, LLC, and LAKE HAMILTON ACRES LLC, 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 Lake Hamilton (City) Comprehensive Plan Amendment 07-R1, adopted by Ordinance Nos. 2007-07, 2007-08, 2007-09, and 2007-10, on November 6, 2007, is “in compliance” with the Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, Part II, Florida Statutes (the “Act”). FINAL ORDER NO. DCA 08-GM-005 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. 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. Stiller& General Counsel DEPARTMENT OF COMMUNITY AFFAIRS 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Page 2 of 4 FINAL ORDER NO. DCA 08-GM-005 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 OP 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-005 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 by U.S. Mail to each of the persons listed below on this [5 — day of , 2008. Paula Ford Agency Clerk Jean Roush-Burnett, Esq. Lowndes, Drosdick, Doster, Kantor & Reed, P.A. 215 North Eola Drive Post Office Box 2809 Orlando, Florida 32802 Robert R. Crittenden, Esq. Crittenden & Crittenden P.O. Box 152 Winter Haven, Florida 33882-0152 Page 4 of 4 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, vs. Case No. 06-2390GM TOWN OF LAKE HAMILTON, Respondent, and ALARAX DEVELOPMENT, LLC, and LAKE HAMILTON ACRES LLC, Intervenors. www wr wr we Se ew HS HS SH SSE ELL ORDER CLOSING FILE This cause having come before the undersigned on the Status Report and Motion to Close File and Relinquish Jurisdiction filed January 10, 2008, and the undersigned being fully advised, it is, therefore, ORDERED that the file of the Division of Administrative Hearings in the above-captioned matter is hereby closed. Jurisdiction is hereby relinquished to the Department of Community Affairs. DONE AND ORDERED this 14th day of January, 2008, in Tallahassee, Leon County, Florida. J. LAWRENCE JOHNSTON 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 January, 2008. COPIES FURNISHED: Jean A. Roush-Burnett, Esquire Lowndes, Drosdick, Doster, Kantor & Reed, P.A. 215 North Eola Drive Post Office Box 2809 Orlando, Florida 32802 Robert T. Crittenden, Esquire Crittenden & Crittenden P.A. Post Office Box 152 Winter Haven, Florida 33882-0152 Lynette Norr, Esquire Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100

Docket for Case No: 06-002390GM
Issue Date Proceedings
Jan. 16, 2008 Final Order filed.
Jan. 14, 2008 Order Closing File. CASE CLOSED.
Jan. 10, 2008 Status Report and Motion to Close File and Relinquish Jurisdiction filed.
Oct. 04, 2007 Order Continuing Case in Abeyance (parties to advise status by February 1, 2008).
Oct. 04, 2007 Notice of Filing Compliance Agreement and Request for Stay of Proceedings filed.
Sep. 19, 2007 Order Continuing Case in Abeyance (parties to advise status by October 19, 2007).
Sep. 19, 2007 Status Report filed.
Aug. 21, 2007 Order Continuing Case in Abeyance (parties to advise status by September 19, 2007).
Aug. 20, 2007 Status Report filed.
Jul. 09, 2007 Order Continuing Case in Abeyance (parties to advise status by August 20, 2007).
Jul. 06, 2007 Status Report filed.
May 15, 2007 Order Continuing Case in Abeyance (parties to advise status by July 6, 2007).
May 07, 2007 Status Report filed.
Mar. 09, 2007 Order Continuing Case in Abeyance (parties to advise status by May 7, 2007).
Mar. 08, 2007 Status Report filed.
Jan. 16, 2007 Order Continuing Case in Abeyance (parties to advise status by March 8, 2007).
Jan. 12, 2007 Status Report filed.
Jan. 10, 2007 Notice of Appearance (filed by L. Norr).
Nov. 20, 2006 Order Continuing Case in Abeyance (parties to advise status by January 12, 2007).
Nov. 17, 2006 Status Report filed.
Oct. 23, 2006 Order Continuing Case in Abeyance (parties to advise status by November 17, 2006).
Oct. 20, 2006 Status Report filed.
Sep. 20, 2006 Order Continuing Case in Abeyance (parties to advise status by October 20, 2006).
Sep. 20, 2006 Status Report filed.
Jul. 24, 2006 Order Placing Case in Abeyance (parties to advise status by September 19, 2006).
Jul. 21, 2006 Response to Initial Order filed.
Jul. 19, 2006 Order Granting Leave to Intervene (Lake Hamilton Acres LLC).
Jul. 18, 2006 Uncontested Petition for Leave to Intervene (Lake Hamilton Acres, LLC) filed.
Jul. 18, 2006 Order Granting Extension of Time (response to Initial Order to be filed by July 21, 2006).
Jul. 18, 2006 Department of Community Affairs` Motion for Extension of Time to File Response to Initial Order filed.
Jul. 14, 2006 Order Granting Leave to Intervene (Alarax Development, LLC).
Jul. 14, 2006 Response to Initial Order filed.
Jul. 12, 2006 Uncontested Petition for Leave to Intervene (Alarax Development, LLC) filed with dated Certificate of Service.
Jul. 12, 2006 Uncontested Petition for Leave to Intervene (Alarax Development, LLC) filed.
Jul. 07, 2006 Initial Order.
Jul. 07, 2006 Department of Community Affairs Notice of Intent to Find the Town of Lake Hamilton Comprehensive Plan Not in Compliance filed.
Jul. 07, 2006 Statement of Intent to Find Comprehensive Plan Amendment Not in Compliance filed.
Jul. 07, 2006 Department of Community Affairs` Petition for Formal Administrative Hearing filed.
Source:  Florida - Division of Administrative Hearings

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