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DEPARTMENT OF COMMUNITY AFFAIRS vs CITY OF LAUREL HILL, 07-003454GM (2007)

Court: Division of Administrative Hearings, Florida Number: 07-003454GM Visitors: 28
Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: CITY OF LAUREL HILL
Judges: BRAM D. E. CANTER
Agency: Department of Community Affairs
Locations: Crestview, Florida
Filed: Jul. 25, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, December 23, 2008.

Latest Update: Dec. 24, 2024
oe & dye FINAL ORDER NO. DCA09-GM-002 - v 2, STATE OF FLORIDA ,, 9 DEPARTMENT OF COMMUNITY AFFAIRS Yo, YJ a ETA Be ¢ DEPARTMENT OF COMMUNITY ;7 nn AFFAIRS, é Petitioner, v. ' DOAH Case No. 07-3454GM CITY OF LAUREL HILL, Respondent. / FINAL ORDER An Administrative Law Judge of the Division of Administrative Hearings entered an Order Closing File and Relinquishing Jurisdiction 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 Laurel Hill (“City”) Comprehensive Plan amendment adopted by Ordinance No. 288, Sections II, III (Future Land Use Element Policy 7.4.3.4.F) and VI on May 24, 2007 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 City to adopt certain remedial amendments. The City adopted the remedial amendments and the Department of Community Affairs (“Department”) subsequently published a Cumulative Notice of Intent to find the original plan amendment and the remedial amendment “in compliance” with the Act. FINAL ORDER NO. DCA09-GM-002 The Department then filed a Motion to Close File and Relinquish Jurisdiction. The Administrative Law Judge issued an Order Closing File and Relinquishing Jurisdiction. 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 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. DCA09-GM-002 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 fave been furnished to the persons listed below in the manner described, on this th day of _* , 2009. Paula Lae Agency Clerk U.S. Mail: Hand Delivery: The Honorable Bram D. E. Canter 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 Tallahassee, Florida 32399-3060 Toni L. Craig, Esq. 908 Pineview Blvd. Fort Walton Beach, Florida 32547 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, CITY OF LAUREL HILL, ) ) ) ) ) vs. ) Case No. 07-3454GM ) ) ) Respondent. ) ) eee ORDER CLOSING FILE AND RELINQUISHING JURISDICTION This cause came before the Administrative Law Judge on the Motion to Close File and Relinquish Jurisdiction filed by the Department of Community Affairs, in which it is represented that the parties' disputes have been settled. Having considered the motion and being otherwise informed, it is ORDERED that the file of the Division of Administrative Hearings in this cause is CLOSED and jurisdiction is relinquished to the Department of Community Affairs for final action. DONE AND ORDERED this 23rd day of December, 2008, in Tallahassee, Leon County, Florida. BRAM D. E. CANTER Administrative Law Judge Division of Administrative Hearings The DeSoto Building 31 1230 Apalachee Parkway i Tallahassee, Florida 32399-3060 i (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us REC 29 2008 “OMMUNITY AFF os GUNSEL Filed with the Clerk of the Division of Administrative Hearings this 23rd day of December, 2008, COPIES FURNISHED: Kelly A. Martinson, Esquire Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 J. Lorriane Bytell, Esquire Ramey & Bytell ; 1250 Circle Drive Defuniak Springs, Florida 32435

Docket for Case No: 07-003454GM
Issue Date Proceedings
Jan. 07, 2009 Final Order filed.
Dec. 23, 2008 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Dec. 23, 2008 Motion to Close File and Relinquish Jurisdiction filed.
Oct. 22, 2008 Order Continuing Case in Abeyance (parties to advise status by December 18, 2008).
Oct. 21, 2008 Status Report filed.
Aug. 18, 2008 Order Continuing Case in Abeyance (parties to advise status by October 21, 2008).
Aug. 15, 2008 Status Report filed.
Jun. 16, 2008 Order Continuing Case in Abeyance (parties to advise status by August 15, 2008).
Jun. 13, 2008 Status Report filed.
Apr. 14, 2008 Order Continuing Case in Abeyance (parties to advise status by June 13, 2008).
Apr. 10, 2008 Status Report filed.
Mar. 14, 2008 Notice of Filing Stipulated Settlement Agreement and Request for Continued Stay of Proceedings filed.
Mar. 10, 2008 Order Continuing Case in Abeyance (parties to advise status by April 11, 2008).
Mar. 07, 2008 Status Report filed.
Jan. 25, 2008 Order Continuing Case in Abeyance (parties to advise status by March 7, 2008).
Jan. 18, 2008 Status Report filed.
Nov. 19, 2007 Order Continuing Case in Abeyance (parties to advise status by January 18, 2008).
Nov. 16, 2007 Status Report filed.
Sep. 25, 2007 Order Cancelling Hearing and Placing Case in Abeyance (parties to advise status by November 16, 2007).
Sep. 25, 2007 Motion to Cancel Hearing and Place Case in Abeyance filed.
Aug. 20, 2007 Order of Pre-hearing Instructions.
Aug. 20, 2007 Notice of Hearing (hearing set for October 18, 2007; 9:00 a.m., Central Time; Crestview, FL).
Aug. 02, 2007 Joint Response to Initial Order filed.
Jul. 27, 2007 Initial Order.
Jul. 25, 2007 Notice of Intent to Find the City of Laurel Hill Comprehensive Plan Amendment Not in Compliance filed.
Jul. 25, 2007 Statement of Intent to Find Comprehensive Plan Amendment Not in Compliance filed.
Jul. 25, 2007 Department of Community Affairs` Petition for Formal Administrative Hearing filed.
Source:  Florida - Division of Administrative Hearings

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