Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: CITY OF SOUTH PASADENA
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Community Affairs
Locations: South Pasadena, Florida
Filed: Nov. 29, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, May 23, 2007.
Latest Update: Dec. 24, 2024
FINAL ORDER NO. DCA07-GM-248
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
DEPARTMENT OF COMMUNITY AFFAIRS,
Petitioner,
v. DOAH Case No. 06-4828GM
CITY OF SOUTH PASADENA,
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 the amendment to the comprehensive plan for
the City of South Pasadena (“City”) adopted by Ordinance No. 2006-05 on September 13, 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
provide additional data and analysis. The City provided the additional data and analysis and, on
April 25, 2007, the Department published a notice of intent to find the amendment adopted on
September 13, 2006, “in compliance” with Chapter 163, Part II, Florida Statutes, and Rule 9J-5,
Florida Administrative Code.
FINAL ORDER NO. DCA07-GM-248
The Department subsequently filed with the Division of Administrative Hearings a Notice
of Voluntary Dismissal. On May 23, 2007, the Administrative Law Judge issued his Order
Closing File. No Exceptions tothe 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, Genera! 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. DCA07-GM-248
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 bs day of October, 2007.
U.S. Mail:
The Honorable J. L. Johnston
Administrative Law Judge
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, FL 32399-1550
Linda Hallas, Esquire
City of South Pasadena
7047 Sunset Drive South
South Pasadena, FL 33707
Hand Delivery:
Leslie Bryson, Esquire
Department of Community Affairs
2555 Shumard Oak Blvd.
Tallahassee, Florida 32399
Fiil Pbk.
Paula Ford
Agency Clerk
Florida Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Docket for Case No: 06-004828GM
Issue Date |
Proceedings |
Oct. 19, 2007 |
Final Order filed.
|
May 23, 2007 |
Order Closing File. CASE CLOSED.
|
May 22, 2007 |
Motion to Dismiss, Close File, and Relinquish Jurisdiction filed.
|
Apr. 17, 2007 |
Order Continuing Case in Abeyance (parties to advise status by June 15, 2007).
|
Apr. 13, 2007 |
Stipulated Settlement Agreement filed.
|
Apr. 13, 2007 |
Notice of Filing Stipulated Settlement Agreement and Status Report filed.
|
Feb. 13, 2007 |
Order Continuing Case in Abeyance (parties to advise status by April 13, 2007).
|
Feb. 12, 2007 |
Joint Status Report filed.
|
Dec. 11, 2006 |
Order Placing Case in Abeyance (parties to advise status by February 12, 2007).
|
Dec. 05, 2006 |
Joint Response to Initial Order and Request to Abate filed.
|
Dec. 04, 2006 |
Notice of Appearance (filed by L. Hallas).
|
Nov. 29, 2006 |
Notice of Intent to Find the City of South Pasadena Comprehensive Plan Not in Compliance filed.
|
Nov. 29, 2006 |
Statement of Intent to Find Comprehensive Plan Amendment Not in Compliance filed.
|
Nov. 29, 2006 |
Petition of the Department of Community Affairs filed.
|
Nov. 29, 2006 |
Initial Order.
|