FINAL ORDER NO. DCA09-GM-067 STATE OF FLORIDA “A DEPARTMENT OF COMMUNITY AFFAIRS % y WILLIAM GRANT and GADSDEN GOLF Go, Be AND COUNTRY CLUB, INC., KEG, PO "24 ny en GOG V Petitioner, Be, 2 @ RES OG sd o vs. DOAH Case No. 06-2779GM DEPARTMENT OF COMMUNITY AFFAIRS and GADSDEN COUNTY, Respondents, and TALQUIN SPRINGS GENERAL PARTNERSHIP, MORTHAM GOVERNMENTAL CONSULTANTS, LLC, C.R. SHAW III, REBECCA SHAW, THE HIGHLANDS AT LAKE TALQUIN, LLC, EAGLE’S LANDING OF QUINCY, LLC, G&A LLOYD, LLC, and THE SUBER FAMILY TRUST, Intervenors. / FINAL ORDER An Administrative Law Judge of the Division of Administrative Hearings has entered an Order relinquishing jurisdiction to the Department of Community Affairs (“Department”) with regard to Gadsden County Ordinances 2006-004, 2006-005, 2006-011, 2006-012, 2006-015, 08- 026, 08-027, 08-028 and 08-030. A copy of the Order is attached to this Final Order as Exhibit A. FINAL ORDER NO. DCA09-GM-067 BACKGROUND 1. This matter involves a challenge to several comprehensive plan amendments adopted by Gadsden County by Ordinance Nos. 2006-004, 2006-005, 2006-011, 2006-012, 2006- 013, and 2006-015 on April 25, 2006, hereinafter referred to as the “Plan Amendments.” 2. The Department challenged the Plan Amendments by filing a Petition with the Division of Administrative Hearings, as authorized by §163.3184, Fla. Stat. On August 17, 2006, William Grant and Gadsden Golf and Country Club, Inc., filed a Petition to Intervene in support of the Department’s finding as it related to Ordinance No. 2006-013. Eight other parties filed Petitions to Intervene in support of the County. . 3. The Department filed a Stipulated Settlement Agreement signed by all parties except William Grant and Gadsden Golf and Country Club, Inc., on August 4, 2008. 4. On October 7, 2008, Gadsden County adopted, by Ordinance Nos. 08-026, 08- 027, 08-028, and 08-030, remedial amendments required by the Stipulated Settlement Agreement. On October 21, 2008, Gadsden County adopted Ordinance No. 08-029, the remaining remedial amendment required by the Stipulated Settlement Agreement. 5. On December 4, 2008, the Department published a Cumulative Notice of Intent finding Gadsden County Ordinance Nos. 2006-004, 2006-005, 2006-011, 2006-012, 2006-013, and 2006-015 as remediated by Gadsden county Ordinance Nos. 08-026, 08-027, 08-028, 08- 029, 08-030, “in compliance.” 6. On December 17, 2008, an Order was issued realigning the Department as a Respondent. Intervenors William Grant and Gadsden Golf and Country Club, Inc., were FINAL ORDER NO. DCA09-GM-067 realigned as Petitioners because they did not enter into the Stipulated Settlement Agreement. 7. On December 22, 2008, Petitioners William Grant and Gadsden Golf and Country Club, Inc. filed a Motion for Leave to File Amended Petition and an Amendment Petition. In Paragraph 4 of the Motion, Petitioners state they are only challenging the finding of compliance related to Gadsden County Ordinance No. 08-029. 8. No party filed a challenge to the amendments adopted by Ordinance Nos. 08-026, 08-027, 08-028, or 08-030 within the 21-day challenge period. On January 6, 2009, the Department requested that the files for Ordinance Nos. 2006-004, 2006-005, 2006-011, 2006- 012, 2006-015, 08-026, 08-027, 08-028, and 08-030 be closed at the Division of Administrative Hearings and that jurisdiction for the enumerated ordinances be relinquished to the Department. 9. On February 13, 2009, the Administrative Law Judge issued an Order relinquishing to the Department jurisdiction with regard to Ordinance Nos. 2006-004, 2006-005, 2006-011, 2006-012, 2006-015, 08-026, 08-027, 08-028, and 08-030. 10. _ Petitioners William Grant and Gadsden Golf and Country Club maintain their challenge to the plan amendment adopted by Gadsden County Ordinance No. 08-029. ORDER WHEREFORE, it is ORDERED that the above-captioned proceeding as it relates to Ordinance Nos. 2006-004, 2006-005, 2006-011, 2006-012, 2006-015, 08-026, 08-027, 08-028, and 08-030 is DISMISSED, and the comprehensive plan amendments adopted by Gadsden County Ordinance Nos. 2006-004, 2006-005, 2006-011, 2006-012, 2006-015, 08-026, 08-027, 08-028, and 08-030 are determined to be “in compliance” as that term is defined in § 163.3184, FS. FINAL ORDER NO. DCA09-GM-067 DONE AND ORDERED in Tallahassee, Florida. Shaw P. Stiller, Counsel DEPARTMENT OF COMMUNITY AFFAIRS NOTICE OF RIGHTS EACH PARTY IS HEREBY ADVISED OF ITS RIGHT TO SEEK JUIDICAL 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. FINAL ORDER NO. DCA09-GM-067 CERTIFICATE OF FILING AND SERVICE THEREBY CERTIFY that the original of the foregoing has been filed with the undersigned designated Agency Clerk, and that true and correct copies have been furnished to the persons listed below in the manner described, on this Via U. S. Mail: Paul Sexton, Esq. Williams, Wilson & Sexton 215 S. Monroe Street, Suite 600 Tallahassee, Florida 32301-1804 David L. Jordan, Esq. Greenberg Traurig, P.A. Post Office Box 1838 101 East College Avenue Tallahassee, Florida 32302 Kenneth G. Oertel, Esq. Jeffrey Brown, Esq. Oertel, Fernandez, Cole & Bryant, F P.A. 301 South Bronough Street Post Office Box 1110 Tallahassee, Florida 32302 Nancy Linnan, Esq. Carlton Fields, P.A. Post Office Drawer 190 215 South Monroe Street, Suite 500 Tallahassee, Florida 32302 y of WY aiwh ) _, 2009. - Ford Agency Clerk The Honorable Bram D. E. Canter Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-3060 Robert A. Routa, Esq. Robert A. Routa, P.A. Post Office Drawer 6506 Tallahassee, Florida 32314-6505 Martha Harrell Chumbler, Esq. Carlton Fields, P.A. Post Office Drawer 190 215 South Monroe Street, Suite 500 Tallahassee, Florida 32302 Michael P. Donaldson , Esq. Carlton Fields, P.A. Post Office Drawer 190 215 South Monroe Street, Suite 500 Tallahassee, Florida 32302

Docket for Case No: 06-002779GM

Orders for Case No: 06-002779GM