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DEPARTMENT OF COMMUNITY AFFAIRS vs CLAY COUNTY, 07-000453GM (2007)

Court: Division of Administrative Hearings, Florida Number: 07-000453GM Visitors: 18
Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: CLAY COUNTY
Judges: D. R. ALEXANDER
Agency: Department of Community Affairs
Locations: Greensboro, Florida
Filed: Jan. 24, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, August 2, 2007.

Latest Update: Jan. 08, 2025
STATE OF FLORIDA & fy DEPARTMENT OF COMMUNITY AFFAIRS . a m of 2 kt NT OF COMMUNITY A On, He ‘oy 5 (O- 4k 7 He Afi Tie Petitioner, S Case No.: DCA07-GM-152 v. Docket No.: 06-2-NOI-1001-(A)-(N) CLAY COUNTY, =) , : Respondent, LiAW b Ye MYEE LAN and J.D. COLLINS, Intervenor. 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 Clay County (the “County”) Comprehensive Plan Amendment 06-2, adopted by Ordinance No. 2006-62 on November 14, 2006, is “in compliance” with the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Part II, Florida Statutes (the “Act”). The parties entered into a Stipulated Settlement Agreement which required the County to adopt a Remedial Plan Amendment. The County adopted the required Remedial Plan Amendment and the Department subsequently published its Cumulative Notice of Intent to find the Plan Amendment and the Remedial Plan Amendment to be “in compliance” with Chapter 163, Part II, Florida Statutes, and Rule 9J-5, Florida Administrative Code. The Department subsequently filed a Notice of Voluntary Dismissal and Request to Close File and Relinquish Jurisdiction. The Administrative Law Judge issued an Order Closing File (copy attached hereto). 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 c 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. CERTIFICATE OF FILING AND SERVICE THEREBY 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 cprrect copies have been furnished to the persons listed below in the manner described, on this [Geraay of August, 2007. hull Fob Paula Ford Agency Clerk USS. Mail: Hand Delivery: The Honorable Donald R. Alexander Peter Kelegian Administrative Law Judge Department of Community Affairs Division of Administrative Hearings 2555 Shumard Oak Blvd. The DeSoto Building Tallahassee, Florida 32399 1230 Apalachee Parkway Tallahassee, FL 32399-3060 Mark Scruby Clay County Attorney P.O. Box 1366 Green Cove Springs, FL 32043-1366 T.R. Hainline Rogers Towers, P.A. 1301 Riverplace Blvd., Suite 1500 Jacksonville, FL 32207

Docket for Case No: 07-000453GM
Issue Date Proceedings
Aug. 15, 2007 Final Order filed.
Aug. 02, 2007 Order Closing File. CASE CLOSED.
Aug. 01, 2007 Notice of Voluntary Dismissal and Request to Close the File and Relinquish Jurisdiction filed.
May 07, 2007 Order Continuing Case in Abeyance (parties to advise status by July 13, 2007).
May 04, 2007 Notice of Filing Stipulated Settlement Agreement and Status Report filed.
May 04, 2007 Stipulated Settlement Agreement filed.
Mar. 19, 2007 Order Continuing Case in Abeyance (parties to advise status by May 11, 2007).
Mar. 15, 2007 Joint Status Report filed.
Jan. 31, 2007 Order Placing Case in Abeyance (parties to advise status by March 16, 2007).
Jan. 30, 2007 Order (J.D. Collins granted Intervenor status).
Jan. 30, 2007 Response to Initial Order filed.
Jan. 29, 2007 Petition for Leave to Intervene (J.D. Collins) filed.
Jan. 24, 2007 Initial Order.
Jan. 24, 2007 Notice of Intent to Find the Clay County Comprehensive Plan Amendments Not in Compliance filed.
Jan. 24, 2007 Statement of Intent to Find Comprehensive Plan Amendment Not in Compliance filed.
Jan. 24, 2007 Department of Community Affairs` Petition for Formal Administrative Hearing filed.
Jan. 24, 2007 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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