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.
|