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DEPARTMENT OF COMMUNITY AFFAIRS vs CITY OF CRESTIVIEW, 06-004653GM (2006)

Court: Division of Administrative Hearings, Florida Number: 06-004653GM Visitors: 26
Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: CITY OF CRESTIVIEW
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Community Affairs
Locations: Crestview, Florida
Filed: Nov. 16, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, July 17, 2008.

Latest Update: Dec. 26, 2024
FINAL ORDER NO; DEA08- an STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS 18 UL 25 A 0S DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, v. DOAH Case No. 06-4653GM CITY OF CRESTVIEW, Respondent. / 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 Crestview (“City”) Comprehensive Plan Amendment 06-1, adopted in part by Ordinance Nos. 1288, 1294, 1295, 1296, 1299, 1301, 1302, and 1304 on September 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 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 Affairs (“Department”) subsequently published a Cumulative Notice of Intent to find the original plan amendment and the remedial amendment “in compliance” with the Act. FINAL ORDER NO. DCA08-GM-211 The Department then 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, F lorida. 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 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. DCA08-GM-211 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 to the persons listed below in the manner described, on this YY day of he “y > 2008. Paula Ford , : Agency Clerk U. S. Mail: Hand Delivery: The Honorable J. Lawrence Johnston Kelly A. Martinson, Esq. Administrative Law Judge Assistant General Counsel Division of Administrative Hearings Department of Community Affairs The DeSoto Building 2555 Shumard Oak Boulevard 1230 Apalachee Parkway Tallahassee, Florida 32399-2100 Tallahassee, Florida 32399-3060 Ben Holley, Esq. City Attorney P.O. Box 1238 Crestview, Florida 32536 David L. Powell, Esq. Gary K. Hunter, Esq. Vinette D. Godelia, Esq. Hopping Green & Sams, P.A. P.O. Box 6526 Tallahassee, Florida 32314 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE H DEPT. OF COMMUNITY AFFAIRS GENERAL COUNSEL'S OFFICE DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, vs. Case. No. 06-4653GM CITY OF CRESTIVIEN, Respondent. ORDER CLOSING FILE This cause having come before the undersigned on the Motion to Close File and Relinquish Jurisdiction filed July 17, 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 17th day of July, 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 17th day of July, 2008. COPIES FURNISHED: Ben Holley, Esquire Post Office Box 1238 Crestview, Florida 32536-1238 Kelly A. Martinson, Esquire Department of Community Affairs 2555 Shumard Oak- Boulevard Tallahassee, Florida 32399-2100 David L. Powell, Esquire Hopping Green & Sams Post Office Box 6526 Tallahassee, Florida 32314-6526

Docket for Case No: 06-004653GM
Issue Date Proceedings
Jul. 25, 2008 Final Order filed.
Jul. 17, 2008 Order Closing File. CASE CLOSED.
Jul. 17, 2008 Motion to Close File and Relinquish Jurisdiction filed.
May 16, 2008 Order Continuing Case in Abeyance (parties to advise status by August 13, 2008).
May 15, 2008 Status Report and Motion for Continued Abeyance of Proceedings filed.
Feb. 05, 2008 Order Continuing Case in Abeyance (parties to advise status by May 15, 2008).
Feb. 05, 2008 Notice of Filing Stipulated Settlement Agreement and Request for Continued Stay of Proceedings filed.
Dec. 20, 2007 Order Continuing Case in Abeyance (parties to advise status by February 4, 2008).
Dec. 19, 2007 Status Report and Motion for Continued Abeyance of Proceedings filed.
Nov. 27, 2007 Order Continuing Case in Abeyance (parties to advise status by December 19, 2007).
Nov. 19, 2007 Status Report and Motion for Continued Abeyance of Proceedings filed.
Sep. 19, 2007 Order Continuing Case in Abeyance (parties to advise status by November 19, 2007).
Sep. 18, 2007 Status Report and Motion for Continued Abeyance of Proceedings filed.
Jul. 23, 2007 Order Continuing Case in Abeyance (parties to advise status by September 18, 2007).
Jul. 20, 2007 Status Report and Motion for Continued Abeyance of Proceedings filed.
May 22, 2007 Order Continuing Case in Abeyance (parties to advise status by July 20, 2007).
May 21, 2007 Status Report and Motion for Continued Abeyance of Proceedings filed.
Feb. 21, 2007 Order Continuing Case in Abeyance (parties to advise status by May 21, 2007).
Feb. 13, 2007 Status Report and Motion for Continued Abeyance of Proceedings filed.
Jan. 29, 2007 Notice of Appearance (filed by D. Powell).
Nov. 27, 2006 Order Placing Case in Abeyance (parties to advise status by February 20, 2007).
Nov. 22, 2006 Joint Response to Initial Order and Request to Place Case in Abeyance filed.
Nov. 16, 2006 Initial Order.
Nov. 16, 2006 Notice of Intent to Find the City of Crestview Comprehensive Plan Amendments Not in Compliance filed.
Nov. 16, 2006 Statement of Intent to Find Comprehensive Plan Amendment Not in Compliance filed.
Nov. 16, 2006 Petition of the Department of Community Affairs filed.
Source:  Florida - Division of Administrative Hearings

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