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DEPARTMENT OF COMMUNITY AFFAIRS vs CITY OF SOUTH PASADENA, 06-004828GM (2006)

Court: Division of Administrative Hearings, Florida Number: 06-004828GM Visitors: 11
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.
Source:  Florida - Division of Administrative Hearings

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