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ROSS BURNAMAN vs DEPARTMENT OF COMMUNITY AFFAIRS, 06-002780GM (2006)

Court: Division of Administrative Hearings, Florida Number: 06-002780GM Visitors: 48
Petitioner: ROSS BURNAMAN
Respondent: DEPARTMENT OF COMMUNITY AFFAIRS
Judges: T. KENT WETHERELL, II
Agency: Department of Community Affairs
Locations: Tallahassee, Florida
Filed: Aug. 02, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, June 18, 2007.

Latest Update: Dec. 24, 2024
FINAL ORDER NO. DCA07-GM-113 STATE OF FLORIDA 2 DIVISION OF ADMINISTRATIVE HEARINGS th 2,% ROSS BURNAMAN, ZS 's GEO. Py) , Petitioner, BEG Bw . ap S) Gee “S v. DOAH Case Nos. 06-2397GM "Zz o 06-2730GM is‘ DEPARTMENT OF COMMUNITY AFFAIRS, CITY OF TALLAHASSEE, and LEON COUNTY, Respondents. / FINAL ORDER An Administrative Law Judge of the Division of Administrative Hearings has entered an Order Closing Files 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 Leon County/City of Tallahassee comprehensive plan amendments adopted by Ordinance Nos. 06-11 and 06-0-21AA on April 25, 2006, are “in compliance” with the Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, Part Il, Florida Statutes (the “Act”). The Department of Community Affairs (“Department”) issued a Notice of Intent finding amendment 2006-1-M-007 adopted as a part of Leon County Ordinance No. 06-11 not “in compliance” and the remaining amendments “in compliance.” The Petitioner filed a petition alleging that all of the plan amendments referenced by the Department’s Notice of Intent were FINAL ORDER NO. DCA07-GM-113 not “in compliance.” The Department and County entered into a Stipulated Settlement Agreement which required the County to adopt certain remedial amendments. The County adopted the remedial amendments via Ordinance No. 07-07 on March 27, 2007 and the Department subsequently published a Cumulative Notice of Intent to find the original plan amendment and the remedial amendment “in compliance” with Chapter 163, Part I, Florida Statutes, and Rule 9J-5, Florida Administrative Code. The parties were realigned. The Petitioner then filed a Notice of Voluntary Dismissal, withdrawing his petition. The Administrative Law Judge issued an Order Closing Files. ORDER WHEREFORE, it is ORDERED that the above-captioned proceeding is DISMISSED, and the comprehensive plan amendments adopted by Leon County Ordinance Nos. 06-11 and 07- 07 and City of Tallahassee Ordinance No. 06-0-21AA are determined to be “in compliance.” DONE AND ORDERED in Tallahassee, Florida. Shaw P. Stiller, Wie 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 2 FINAL ORDER NO. DCA07-GM-113 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. CERTIFICATE OF FILING AND SERVICE I HEREBY 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 /4 — day of June, 2007. Paula Ford Agency Clerk VIA U.S. MAIL: The Honorable T. Kent Wetherell, II Administrative Law Judge Division of Administrative Hearings The DeSoto Building , 1230 Apalachee Parkway Tallahassee, FL 32399-3060 Ross Burnaman, Esq. 1018 Holland Drive Tallahassee, FL 32301 Herbert W.A. Thiele, Esq. Laura Youmans, Esq. County: Attorney’s Office Leon County 301 S. Monroe Street, Ste. 202 Tallahassee, FL 32301 Jim English, Esq. Linda Hudson, Esq. City Attorney’s Office City of Tallahassee 300 South Adams Street Tallahassee, FL 32301 VIA HAND DELIVERY: Kelly A. Martinson, Esq. Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100

Docket for Case No: 06-002780GM
Issue Date Proceedings
Jun. 20, 2007 Final Order filed.
Jun. 18, 2007 Order Closing Files. CASE CLOSED.
Jun. 18, 2007 Status Report filed.
Jun. 15, 2007 Burnaman`s Notice of Voluntary Dismissal filed.
May 29, 2007 Order (amending case style, cases to remain in abeyance pending expiration of 21-day periot to challenge notice of intent, and status report due June 15, 2007).
May 25, 2007 Notice of Request to Expedite Resolution Pursuant to Chapter 163.3189, FLA.STAT. filed.
May 25, 2007 Department of Community Affairs` Notice of Filing Cumulative Notice of Intent and Request for Realignment of Parties filed.
Apr. 03, 2007 Order Continuing Case in Abeyance (parties to advise status by June 15, 2007).
Mar. 19, 2007 Notice of Filing Stipulated Settlement Agreement and Request for Continued Stay of Proceedings filed.
Feb. 19, 2007 Order Continuing Case in Abeyance (parties to advise status by April 20, 2007).
Feb. 19, 2007 Status Report filed.
Dec. 20, 2006 Order Continuing Case in Abeyance (parties to advise status by February 19, 2007).
Dec. 18, 2006 Status Report filed.
Oct. 19, 2006 Order Continuing Case in Abeyance (parties to advise status by December 18, 2006).
Oct. 18, 2006 Status Report filed.
Oct. 03, 2006 Order Denying Motion to Strike/Motion in Limine.
Sep. 29, 2006 Ross Stafford Burnaman`s Response in Opposition to Motion to Strike, or in the Alternative, Motion in Limine filed.
Sep. 25, 2006 Department of Community Affairs` Motion to Strike or, in the Alternative, Motion in Limine filed.
Aug. 11, 2006 Order Consolidating Cases.
Aug. 11, 2006 Notice of Transfer.
Aug. 11, 2006 Order Consolidating Cases (DOAH Case Nos. 06-2397GM and 06-2780GM).
Aug. 10, 2006 Joint Response to Amended Initial Order and Request to Place Case in Abeyance filed.
Aug. 03, 2006 Amended Initial Order.
Aug. 02, 2006 Initial Order.
Aug. 02, 2006 Notice of Intent to Find the City of Tallahassee/Leon County Amendment in Compliance filed.
Aug. 02, 2006 Petition for Administrative Hearing filed.
Aug. 02, 2006 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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