Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: CITY OF PARKER
Judges: D. R. ALEXANDER
Agency: Department of Community Affairs
Locations: Parker, Florida
Filed: Aug. 02, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, August 9, 2007.
Latest Update: Dec. 24, 2024
FINAL ORDER NO. DCA07-GM-151
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
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DEPARTMENT OF COMMUNITY Bm ae
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Petitioner, ce ¥y QO
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DOAH Case No. 06-2776 o
CITY OF PARKER,
Respondent.
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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 City ¢ of Parker (“City”) Comprehensive Plan
Amendment 06-1 , adopted by Ordinance No. 06- 306, on May 23, 2006 is “in compliance” with
the Local Government Comprehensive Planning and Land Development Regulation Act, Ch.
163, Part Il, Florida Statutes (the “Act”).
The parties entered into a Stipulated Settlement Agreement which required the City to
adopt certain remedial amendments. The City adopted the remedial amendments and the
Department of Community A ffairs (“Department”) subsequently published a Cumulative Notice
of Intent to find the original plan amendment and the remedial amendment “in compliance” with
Chapter 163, Part Tl, Florida Statutes, and Rule 9J-5, Florida Administrative Code.
FINAL ORDER NO. DCA07-GM-151
The Department subsequently 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
YOU WAIVE YOUR RIGHT TO J UDICIAL 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, DCA07-GM-151
CERTIFICATE OF FILING AND SERVICE
LEE XILING AND SERVICE
THEREBY 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 to the persons listed below in the manner described, on this My
of tag > 2007.
~~ Paula Ford 7
Agency Clerk
U.S. Mail: Hand Delivery:
The Honorable Donald R. Alexander Kelly A. Martinson, Esquire
Administrative Law J udge Department of Community A ffairs
Division of Administrative Hearings 2555 Shumard Oak Boulevard
The DeSoto Building Tallahassee, Florida 32399-2100
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
Timothy J. Sloan, Esq.
Harmon & Sloan, P.A.
P.O. Box 2327
Panama City, Florida 32402-2327
Docket for Case No: 06-002777GM
Issue Date |
Proceedings |
Aug. 15, 2007 |
Final Order filed.
|
Aug. 09, 2007 |
Order Closing File. CASE CLOSED.
|
Aug. 08, 2007 |
Motion to Close File and Relinquish Jurisdiction filed.
|
Jun. 13, 2007 |
Order Continuing Case in Abeyance (parties to advise status by September 28, 2007).
|
Jun. 11, 2007 |
Notice of Filing Stipulated Settlement Agreement and Request for Continued Stay of Proceedings filed.
|
Jun. 11, 2007 |
Order Continuing Case in Abeyance (parties to advise status by July 20, 2007).
|
Jun. 08, 2007 |
Status Report and Request to Continue Case in Abeyance filed.
|
May 03, 2007 |
Order Continuing Case in Abeyance (parties to advise status by June 8, 2007).
|
Apr. 30, 2007 |
Status Report and Request to Continue Case in Abeyance filed.
|
Mar. 05, 2007 |
Order Granting Continuance and Placing Case in Abeyance (parties to advise status by April 30, 2007).
|
Mar. 05, 2007 |
Status Report and Request to Place Case in Abeyance filed.
|
Jan. 16, 2007 |
Notice of Taking Deposition filed.
|
Jan. 16, 2007 |
(Joint) Pre-hearing Stipulation filed.
|
Jan. 16, 2007 |
Order Denying Petition.
|
Jan. 16, 2007 |
Department`s Answers and Objections to Respondent`s First Set of Request for Admissions filed.
|
Jan. 16, 2007 |
Department`s Motion in Opposition to Bay County`s Amended Petition to Intervene filed.
|
Jan. 09, 2007 |
Bay County`s Amended Petition to Intervene filed.
|
Jan. 08, 2007 |
Order (Petition is deemed to be deficient and is hereby denied).
|
Jan. 08, 2007 |
Respondent`s Final Witness List filed.
|
Jan. 08, 2007 |
Response to Petitioner`s First Request for Admissions filed.
|
Dec. 21, 2006 |
Bay County`s Petition to Intervene filed.
|
Dec. 14, 2006 |
Respondent`s First Set of Requests for Admissions to Petitioner Department of Community Affairs filed.
|
Dec. 14, 2006 |
Respondent`s First Request for Production from Petitioner filed.
|
Dec. 14, 2006 |
Respondent`s First Set of Interrogatories to Petitioner filed.
|
Dec. 14, 2006 |
Respondent`s Notice of Service of First Set of Interrogatories to Petitioner filed.
|
Dec. 08, 2006 |
Petitioner Department`s Notice of Service of First Set of Interrogatories to Respondent City of Parker filed.
|
Dec. 08, 2006 |
Petitioner Department`s First Set of Requests for Admissions to Respondent City of Parker filed.
|
Dec. 08, 2006 |
Petitioner Department`s First Request for Production from Respondent City of Parker filed.
|
Oct. 23, 2006 |
Order of Pre-hearing Instructions.
|
Oct. 23, 2006 |
Notice of Hearing (hearing set for January 18 and 19, 2007; 10:00 a.m.; Parker, FL).
|
Oct. 12, 2006 |
(Proposed) Order Scheduling Case for Final Administrative Hearing filed.
|
Oct. 12, 2006 |
Request to Schedule Case for Final Administrative Hearing filed.
|
Aug. 10, 2006 |
Order Placing Case in Abeyance (parties to advise status by November 10, 2006).
|
Aug. 09, 2006 |
Joint Response to Initial Order and Request to Place Case in Abeyance filed.
|
Aug. 02, 2006 |
Initial Order.
|
Aug. 02, 2006 |
Notice of Intent to Find the City of Parker Comprehensive Plan Not in Compliance filed.
|
Aug. 02, 2006 |
Statement of Intent to Find Comprehensive Plan Amendment Not in Compliance filed.
|
Aug. 02, 2006 |
Petition of the Department of Community Affairs filed.
|