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.
|