Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: MARION COUNTY
Judges: D. R. ALEXANDER
Agency: Department of Community Affairs
Locations: Ocala, Florida
Filed: Mar. 06, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, December 10, 2007.
Latest Update: Jul. 07, 2024
FINAL ORDER NO. DCA08-GM-241
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
DEPARTMENT OF COMMUNITY
AFFAIRS,
Petitioner,
v. DOAH Case No.: 07-1058GM.
MARION COUNTY,
Respondent, , i = o <8 =
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BAP ro re
FINAL ORDER zoe #
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An Administrative Law Judge of the Division of Administrative Hearings has Sitered at ;
Order Closing File in this proceeding. A copy of the Order is attached to this Final ont as
Exhibit A.
BACKGROUND
This is a proceeding to determine whether Marion County’s (County) Comprehensive
Plan Amendment 06-1 adopted by Ordinance No. 06-39 on December 20, 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, on
November 5, 2007, the Department subsequently published its Cumulative Notice of Intent to
find the Plan Amendment and the remedial amendment to be “in compliance” with Chapter 163,
Part IL, Florida Statutes, and Rule 9J-5, Florida Administrative Code.
The Department subsequently filed with the Division of Administrative Hearings a Notice
of Voluntary Dismissal. On December 10, 2007, the Administrative Law Judge issued his 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 M
General Counsel
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
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 correc;
copies have been furnished to the persons listed below inthe manner described, on this A
day of October, 2008.
aula Ford
gency Clerk
Florida Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
U. S. Mail: Hand Delivery:
The Honorable Donald R. Alexander Leslie Bryson, Esquire
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 32399-1550
Thomas D. MacNamara, Esquire
Marion County Attorney's Office
601 Southeast 25th Avenue
Ocala, FL 34471-2690
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF COMMUNITY
AFFAIRS,
Petitioner,
vs. Case No. 07-1058GM
MARION COUNTY,
Respondent.
ORDER CLOSING FILE
This cause having come before the undersigned on
Petitioner's Notice of Voluntary Dismissal, and the undersigned
being fully advised, it is, therefore, .
_ ORDERED that the file of the Division of Administrative
Hearings in the above-captioned matter is hereby closed.
DONE AND ORDERED this 10th day of December, 2007, in
Tallahassee, Leon County, Florida.
DONALD R. ALEXANDER
Administrative Law Judge
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
(850) 488-9675 SUNCOM 278-9675
Fax Filing (850) 921-6847
www.doah.state.fl.us
Filed with the Clerk of the
Division of Administrative Hearings
this 10th day of December, 2007.
EXHIBIT
COPIES FURNISHED:
Leslie E. Bryson, Esquire
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Thomas D. MacNamara, Esquire
Marion County's Attorney's Office
601 Southeast 25th Avenue
Ocala, Florida 34471-2690
Docket for Case No: 07-001058GM
Issue Date |
Proceedings |
Oct. 20, 2008 |
Final Order filed.
|
Dec. 10, 2007 |
Order Closing File. CASE CLOSED.
|
Dec. 07, 2007 |
Notice of Voluntary Dismissal filed.
|
Oct. 03, 2007 |
Order Continuing Case in Abeyance (parties to advise status by December 7, 2007).
|
Oct. 02, 2007 |
Status Report filed.
|
Jul. 19, 2007 |
Order Granting Continuance and Placing Case in Abeyance (parties to advise status by October 1, 2007).
|
Jul. 17, 2007 |
Notice of Filing Mediator`s Report.
|
Jul. 17, 2007 |
Joint Motion to Cancel Final Hearing filed.
|
Jun. 13, 2007 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for August 21 through 23, 2007; 1:00 p.m.; Ocala, FL).
|
May 29, 2007 |
Joint Motion to Continue Final Hearing filed.
|
Apr. 17, 2007 |
Department of Community Affairs` Notice of Service of First Set of Interrogatories to Marion County filed.
|
Mar. 19, 2007 |
Order of Pre-hearing Instructions.
|
Mar. 19, 2007 |
Notice of Hearing (hearing set for June 12 through 14, 2007; 1:00 p.m.; Ocala, FL).
|
Mar. 13, 2007 |
Joint Response to Initial Order filed.
|
Mar. 06, 2007 |
Initial Order.
|
Mar. 06, 2007 |
Notice of Intent to Find the Marion County Comprehensive Plan Not in Compliance filed.
|
Mar. 06, 2007 |
Statement of Intent to Find a Portion of Comprehensive Plan Amendment Not in Compliance filed.
|
Mar. 06, 2007 |
Department of Community Affairs` Petition for Formal Administrative Hearing filed.
|