Petitioner: CITRUS MINING AND TIMBER, INC.
Respondent: CITRUS COUNTY AND DEPARTMENT OF COMMUNITY AFFAIRS
Judges: BRAM D. E. CANTER
Agency: Department of Community Affairs
Locations: Inverness, Florida
Filed: Oct. 09, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, February 5, 2007.
Latest Update: Dec. 24, 2024
FINAL ORDER NO. DCA 07-GM-021
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
CITRUS MINING AND TIMBER, INC.,
Petitioner,
vs. DOAH Case No. 06-3881GM
CITRUS COUNTY AND DEPARTMENT OF a
COMMUNITY AFFAIRS,
Respondents,
/
FINAL ORDER
An Administrative Law Judge (ALJ) 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 Citrus County comprehensive plan
amendment, adopted by Ordinance No. 2006-A12 on July 11, 2006, is “in compliance” with the
Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163,
Part II, Florida Statutes (the “Act”). The Department issued a Notice of Intent to find the
amendment in compliance with the Act.
The Petitioners filed a petition challenging the Department’s Notice of Intent, which
alleged that the plan amendment is not “in compliance.” The Petitioners subsequently filed a
Notice of Voluntary Dismissal.
The Administrative Law Judge issued an Order Closing File.
FINAL ORDER NO. DCA 07-GM-021
ORDER
WHEREFORE, it is ORDERED that the above-captioned proceeding is DISMISSED,
and the comprehensive plan amendment adopted by Citrus County Ordinance No. 2006-A12 is
determined to be “in compliance.”
DONE AND ORDERED in Tallahassee, Florida.
Shaw Stiller, General Counsel
DEPARTMENT OF COMMUNITY AFFAIRS
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
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.
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.
FINAL ORDER NO. DCA 07-GM-021
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 day of February, 2007.
aula Ford
Agency Clerk
U.S. Mail: Hand Delivery:
Clark A. Stillwell, Esquire Leslie Bryson, Assistant General Counsel
Brannen, Stillwell & Perrin Department of Community Affairs
320 Highway 41 South, Second Floor 2555 Shumard Oak Boulevard
Inverness, Florida 34450-4956 Tallahassee, Florida 32399-2100
Robert Battista, Esquire
Michele Lieberman, Esquire
Citrus County Attorney's Office
110 North Apopka Avenue
Inverness, Florida 33450-4231
The Honorable Bram D. E. Canter
Administrative Law Judge
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, FL 32399-3060
Docket for Case No: 06-003881GM
Issue Date |
Proceedings |
Feb. 15, 2007 |
Final Order filed.
|
Feb. 05, 2007 |
Order Closing File. CASE CLOSED.
|
Feb. 01, 2007 |
Notice of Voluntary Dismissal of the Amended Petition filed.
|
Jan. 31, 2007 |
Amended Petition for Formal Administrative Hearing filed.
|
Jan. 31, 2007 |
Amended Notice of Hearing (hearing set for February 6, 2007; 9:00 a.m.; Inverness, FL; amended as to Hearing date).
|
Jan. 30, 2007 |
Order on Pending Motions.
|
Jan. 26, 2007 |
Joint Pre-hearing Stipulation filed.
|
Jan. 26, 2007 |
Motion for Leave to Amend filed.
|
Jan. 26, 2007 |
Reply filed.
|
Jan. 19, 2007 |
Citrus County`s Motion for Partial Summary Recommended Order filed.
|
Jan. 19, 2007 |
Citrus County`s Motion for Partial Summary Recommended Order filed.
|
Jan. 18, 2007 |
Department of Community Affairs` Motion in Limine Regarding Utility Element Issue filed.
|
Jan. 11, 2007 |
Amended Petitioner`s Response to Respondent`s Response to Production of Documents filed.
|
Jan. 09, 2007 |
Petitoner`s Response to Respondent`s Response to Production of Documents filed.
|
Dec. 12, 2006 |
Notice of Compliance to Petitioner`s Request for Production to Respondents filed.
|
Dec. 12, 2006 |
Notice of Complianace to Petitioner`s Interrogatories to Respondents filed.
|
Dec. 08, 2006 |
Department of Community Affairs` Notice of Service of Answers to Petitioner`s Trial Interrogatories filed.
|
Nov. 30, 2006 |
Notice of Service of First Set of Requests for Admissions filed.
|
Nov. 30, 2006 |
Notice of Service of First Request for Production of Documents filed.
|
Nov. 30, 2006 |
Notice of Service of First Set of Interrogatories filed.
|
Nov. 08, 2006 |
Citrus County`s Answer to Petitioner`s Petition for Formal Administrative Hearing filed.
|
Oct. 19, 2006 |
Order of Pre-hearing Instructions.
|
Oct. 19, 2006 |
Notice of Hearing (hearing set for February 6 and 7, 2007; 9:00 a.m.; Inverness, FL).
|
Oct. 17, 2006 |
Joint Motion Regarding Proposed Dates for Final Hearing filed.
|
Oct. 16, 2006 |
Response to Initial Order filed.
|
Oct. 13, 2006 |
Petitioner`s Response to Initial Order filed.
|
Oct. 09, 2006 |
Initial Order.
|
Oct. 09, 2006 |
Notice of Intent to Find the Citrus County Comprehensive Plan Amendment(s) in Compliance filed.
|
Oct. 09, 2006 |
Petition for Formal Administrative Hearing filed.
|
Oct. 09, 2006 |
Agency referral filed.
|