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PAMELA AND DON ASHLEY vs FRANKLIN COUNTY AND DEPARTMENT OF COMMUNITY AFFAIRS, 07-000967GM (2007)

Court: Division of Administrative Hearings, Florida Number: 07-000967GM Visitors: 2
Petitioner: PAMELA AND DON ASHLEY
Respondent: FRANKLIN COUNTY AND DEPARTMENT OF COMMUNITY AFFAIRS
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Community Affairs
Locations: Apalachicola, Florida
Filed: Feb. 23, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, February 1, 2008.

Latest Update: Dec. 23, 2024
FINAL ORDER NO. DCA08-GM-039 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DON and|PAMELA ASHLEY, Petitioners, v. DOAH Case No. 07-0967GM DEPARTMENT OF COMMUNITY Pan AFFAIRS| and FRANKLIN COUNTY, Ss Respondents, ce paeeed o # and > THE ST. JOE COMPANY, ba = -J 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 Franklin County (“County”) Comprehensive Plan Amendment 06-R1, adopted by Ordinance No. 2006-24 on December 19, 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 County to adopt certain remedial amendments. The County adopted the remedial amendments and the. Department of Community Affairs (“Department”) subsequently published a Notice of Intent to FINAL ORDER NO. DCA08-GM-039 find the remedial amendments “in compliance” with the Act. 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, Florida. Shaw P. Stiller, fi _ 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 BOULEV. , TALLAHASSEE, FLORIDA 32399-2100, WITHIN 30 DAYS OF THE DAY THIS O RIS 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. vol 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 2 FINAL ORDER NO. DCA08-GM-039 RESPECT TO THE ISSUES RESOLVED BY THIS ORDER. CERTIFICATE OF FILING AND SERVICE IHEREBY 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 haye been furnished to the persons listed below in the manner described, on this GUL. day of . , 2008. Paula Ford 7 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 1 Tallahassee, Florida 32399-3060 Thomas M. Shuler, Esq. Shuler & Shuler P.O. Box 850 Apalachicola, FL 32320 Martha Harrell Chumbler, Esq. Carlton Fiel ds, P.A. Post Office Box 190 Tallahassee, FL 32311 1018 Holl. d Drive Ross Holand Bumaman, Esq. Tallahasse , FL 32301

Docket for Case No: 07-000967GM
Issue Date Proceedings
Feb. 06, 2008 Final Order filed.
Feb. 01, 2008 Order Closing File. CASE CLOSED.
Jan. 31, 2008 Motion to Close File and Relinquish Jurisdiction filed.
Oct. 23, 2007 Notice of Filing Exhibits filed.
Oct. 23, 2007 Order Continuing Case in Abeyance (parties to advise status by January 31, 2008).
Oct. 22, 2007 Stipulated Settlement Agreement filed.
Oct. 22, 2007 Notice of Filing Settlement filed.
Aug. 10, 2007 Order Continuing Case in Abeyance (parties to advise status by November 8, 2007).
Aug. 08, 2007 Status Report and Request to Continue Case in Abeyance filed.
Jul. 11, 2007 Order Continuing Case in Abeyance (parties to advise status by August 10, 2007).
Jul. 11, 2007 Status Report and Request to Continue Case in Abeyance filed.
Jul. 03, 2007 Notice of Substitution of Counsel (filed by M. Chumbler).
Jun. 12, 2007 Order Continuing Case in Abeyance (parties to advise status by July 11, 2007).
Jun. 11, 2007 Status Report and Request to Continue Case in Abeyance filed.
Apr. 25, 2007 Order Canceling Hearing and Placing Case in Abeyance (parties to advise status by June 11, 2007).
Apr. 25, 2007 Petitioners` Second Amended Answers to Interrogatories by Franklin County filed.
Apr. 25, 2007 Joint Request to Cancel Hearing and Stay Proceedings filed.
Apr. 23, 2007 Petitioners` Request for Admissions to Respondent Franklin County (with attachment) filed.
Apr. 23, 2007 Petitioner`s Notice of Filing Admissions by Franklin County filed.
Apr. 23, 2007 Petitioners` Request for Official Recognition filed.
Apr. 23, 2007 Petitioners` First Amended Answers to Interrogatories by Franklin County filed.
Apr. 20, 2007 Order Granting Official Recognition.
Apr. 20, 2007 Petitioners` Request for Admissions to Respondent Franklin County filed.
Apr. 20, 2007 Petitioners` Interrogatories to Franklin County filed.
Apr. 20, 2007 Certificate of Service filed.
Apr. 18, 2007 Order Scheduling Witness.
Apr. 17, 2007 Pre-hearing Stipulation filed.
Apr. 16, 2007 Petitioner`s Motion to Schedule Witness filed.
Apr. 11, 2007 Notice of Service of Answers and Objections to Interrogatories and Request for Production of Documents filed.
Apr. 06, 2007 Petitioner`s Request for Official Recognition filed.
Mar. 29, 2007 Order Denying Bifurcation.
Mar. 29, 2007 Order on Motion to Strike.
Mar. 28, 2007 Franklin County`s Demand for Expedited Resolution filed.
Mar. 26, 2007 Petitioners` Opposition to Department of Community Affairs Motion to Strike filed.
Mar. 22, 2007 Amended Franklin County Witness List filed.
Mar. 21, 2007 Franklin County Witness List filed.
Mar. 20, 2007 Intervenor the St. Joe Company`s List of Potential Witnesses filed.
Mar. 20, 2007 Department`s Witness List filed.
Mar. 20, 2007 Petitioner`s Preliminary Witness List filed.
Mar. 19, 2007 Department of Community Affairs` Motion to Strike filed.
Mar. 19, 2007 Petitioners` Notice of Service of Interrogatories to Franklin County filed.
Mar. 16, 2007 Petitioner`s Motion to Bifurcate Proceedings filed.
Mar. 12, 2007 Intervenor the St. Joe Company`s First Request for Production of Documents to Petitioners Don and Pamela Ashley filed.
Mar. 12, 2007 Intervenor the St. Joe Company`s Notice of Serving First Set of Interrogatories to Petitioners Don and Pamela Ashley filed.
Mar. 12, 2007 Intervenor the St. Joe Company`s Notice of Substituted Counsel (filed by G. Hunter, Jr.).
Mar. 09, 2007 Order of Pre-hearing Instructions.
Mar. 09, 2007 Notice of Hearing (hearing set for April 25 through 27, 2007; 9:00 a.m.; Apalachicola, FL).
Mar. 06, 2007 Order Denying Stay.
Mar. 05, 2007 Intervenor the St. Joe Company`s Joinder in Respondents` Joint Response in Opposition to Petitioners` Motion for Stay of Proceedings filed.
Mar. 02, 2007 Joint Response in Opposition to Petitioners` Motion for Stay of Proceedings filed.
Mar. 02, 2007 Order Granting Leave to Intervene (The St. Joe Company).
Mar. 02, 2007 Petitioners` Response to Initial Order filed.
Mar. 01, 2007 Joint Response to Initial Order filed.
Feb. 28, 2007 Petition for Leave to Intervene (Including Response to Initial Order) filed by St. Joe Company.
Feb. 23, 2007 Initial Order.
Feb. 23, 2007 Notice of Intent to Find the Franklin County Comprehensive Plan Amendment (s) in Compliance filed.
Feb. 23, 2007 Motion for Stay of Proceedings filed.
Feb. 23, 2007 Petition for Administrative Hearing filed.
Feb. 23, 2007 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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