Petitioner: HERNANDO COUNTY
Respondent: DEPARTMENT OF COMMUNITY AFFAIRS AND CITY OF BROOKSVILLE
Judges: D. R. ALEXANDER
Agency: Department of Community Affairs
Locations: Brooksville, Florida
Filed: Dec. 14, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, April 6, 2007.
Latest Update: Dec. 23, 2024
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
HERNANDO COUNTY,
Petitioner,
vs.
DEPARTMENT OF COMMUNITY
AFFAIRS and CITY OF BROOKSVILLE,
Respondents,
and
MAJESTIC OAKS PARTNERS, LLC
and MAJESTIC OAKS DEVELOPERS,
LLLP,
Intervenors.
FINAL ORDER NO. DCA07-GM-240
Case No.: 06-5084GM
/
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 City of Brooksville (City) Comprehensive
Plan Amendment adopted by Ordinance No. 718 on September 18, 2006, is “in compliance” with
the Local Government Comprehensive Planning and Land Development Regulation Act, Ch.
163, Part H, Florida Statutes (the “Act”).
FINAL ORDER NO. DCA07-GM-240
The Department published a notice of intent to find the amendment to be “in
compliance.” Hernando County timely filed a Petition for a Formal Administrative Hearing to
challenge the amendment. After the Department forwarded the Petition to the Division of
Administrative Hearings for assignment of an Administrative Law Judge, Majestic Oaks
Partners, LLC and Majestic Oaks Developers, LLLP, were granted leave to intervene.
The parties subsequently entered into a Stipulated Settlement Agreement which required
the City to adopt a “clarifying” plan amendment. The City adopted the amendment, and, on
April 2, 2007, the Department published a notice of intent to find the amendment to be “in
compliance.” In accordance with the Settlement Agreement, Petitioner Hernando County
voluntarily dismissed its Petition. The Administrative Law Judge issued his Order Closing File
on April 6, 2007. 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, Florida.
Shaw P. Stiller, General Counsel
DEPARTMENT OF COMMUNITY AFFAIRS
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
FINAL ORDER NO. DCA07-GM-240
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-240
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 hav. heen furnished to the persons listed below in the manner described,
on this day of October, 2007.
U.S. Mail:
The Honorable D. R. Alexander
Administrative Law Judge
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, FL 32399-1550
Jake Varn, Esquire
Fowler White Boggs Banker, P.A.
Post Office Box 11240
Tallahassee, Florida 32302-3240
Lee E. Nelson, Esquire
Williams, Schifino, Mangione & Steady, P.A.
Post Office Box 380
Tampa, Florida 33601-0380
Hand Delivery:
Leslie Bryson, Esquire
Department of Community Affairs
2555 Shumard Oak Blvd.
Tallahassee, Florida 32399
ole tod
Paula Ford
Agency Clerk
Florida Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Jon A. Jouben, Esquire
Hernando County Attorney’s Office
20 North Main Street, Suite 462
Brooksville, Florida 34601-2817
David LaCroix, Esquire
City of Brooksville
201 Howell Avenue
Brooksville, Florida 34601-2042
Docket for Case No: 06-005084GM
Issue Date |
Proceedings |
Oct. 19, 2007 |
Final Order filed.
|
Apr. 06, 2007 |
Order Closing File. CASE CLOSED.
|
Apr. 05, 2007 |
Notice of Voluntary Dismissal filed.
|
Mar. 12, 2007 |
Order Continuing Case in Abeyance (parties to advise status by May 11, 2007).
|
Mar. 09, 2007 |
Notice of Filing Stipulated Settlement Agreement filed.
|
Jan. 08, 2007 |
Order Granting Continuance and Placing Case in Abeyance (parties to advise status by April 27, 2007).
|
Jan. 04, 2007 |
Notice of Canceling Deposition filed.
|
Jan. 04, 2007 |
Petitioner`s Unopposed Motion to Abate Proceedings filed.
|
Jan. 02, 2007 |
Notice of Taking Depositions filed.
|
Dec. 27, 2006 |
Order (final hearing in this matter is sheduled on January 22 and 23, 2007, in Brooksville, Florida).
|
Dec. 27, 2006 |
Order of Pre-hearing Instructions.
|
Dec. 27, 2006 |
Notice of Hearing (hearing set for January 22 and 23, 2007; 9:30 a.m.; Brooksville, FL).
|
Dec. 22, 2006 |
Response to Initial Order filed.
|
Dec. 22, 2006 |
Mejestic Oaks Partners, LLC`s and Majestic Oaks Developers, LLPs Notice of Demand for Expedited Hearing filed.
|
Dec. 22, 2006 |
Order (Majestic Oaks Partners, LLC and Majestic Oaks Developers, LLLP granted Intervenor status).
|
Dec. 22, 2006 |
Petitioner?s Response to Amended Petition to Intervene filed.
|
Dec. 21, 2006 |
Majestic Oaks Partners, LLC`s and Majestic Oaks Developers, LLLP`s Amended Petition to Intervene filed.
|
Dec. 20, 2006 |
Petitioner?s Memorandum of Law in Opposition to Petition to Intervene filed.
|
Dec. 19, 2006 |
Notice of Appearance (filed by J. Jouben).
|
Dec. 15, 2006 |
Majestic Oaks Partners, LLC`s and Majestic Oaks Developers, LLLP`s Petition to Intervene filed.
|
Dec. 15, 2006 |
Notice of Appearance (filed by C. Varn).
|
Dec. 15, 2006 |
Initial Order.
|
Dec. 14, 2006 |
Hernando County`s Petition filed.
|
Dec. 14, 2006 |
Notice of Intent to Find the City of Brooksville Comprehensive Plan Amendment(s) in Compliance filed.
|
Dec. 14, 2006 |
Agency referral filed.
|