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DEPARTMENT OF COMMUNITY AFFAIRS vs CITY OF PORT ST. JOE, 07-004475GM (2007)

Court: Division of Administrative Hearings, Florida Number: 07-004475GM Visitors: 5
Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: CITY OF PORT ST. JOE
Judges: BRAM D. E. CANTER
Agency: Department of Community Affairs
Locations: Port St. Joe, Florida
Filed: Sep. 27, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, December 14, 2007.

Latest Update: Oct. 05, 2024
STATE OF FLORIDA 1289-4 DEPARTMENT OF COMMUNITY AFFAIRS ©? “6 27 jp, % DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, v. DOAH Case No. 07-4475GM CITY OF PORT ST. JOE, Respondent. / FINAL ORDER An Administrative Law Judge of the Division of Administrative Hearings entered an Order Canceling Hearing, 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 a comprehensive plan amendment adopted by City of Port St. Joe (“City”) Ordinance No. 376 on June 5, 2007, is “in compliance” with the Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, Part II, Florida Statutes (the “‘Act’’). On December 14, 2007, the administrative law judge entered an Order Canceling Hearing, Closing File and Relinquishing Jurisdiction, with leave for either party to request the case be re-opened if settlement negotiations were unsuccessful. The parties subsequently 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 FINAL ORDER NO. DCA08-GM-247 Affairs (“Department”) subsequently published a Cumulative Notice of Intent to find the original plan amendments and the remedial amendments “in compliance” with the Act. 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. fs os 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. DCA08-GM-247 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 have been furnished to the persons listed below in the manner described, on this Le day of , 2008. Paula Ford. oe 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 Thomas S. Gibson, Esq. Rish, Gibson, Scholz & Groom, P.A. P.O. Box 39 Port St. Joe, Florida 32457-0039

Docket for Case No: 07-004475GM
Issue Date Proceedings
Aug. 27, 2008 Final Order filed.
Dec. 14, 2007 Order Canceling Hearing, Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Dec. 10, 2007 Joint Motion to Cancel Hearing and Place Case in Abeyance filed.
Dec. 05, 2007 Petitioner`s Department`s Notice of Service of First Set of Interrogatories to City filed.
Dec. 05, 2007 Petitioner Department`s First Request for Production from City filed.
Oct. 12, 2007 Order of Pre-hearing Instructions.
Oct. 12, 2007 Notice of Hearing (hearing set for January 22 and 23, 2008; 9:30 a.m.; Port St. Joe, FL).
Oct. 05, 2007 Department`s Notice of Unavailability filed.
Oct. 05, 2007 Order (Department of Community Affairs` Amended Petition for Formal Administrative Hearing is granted).
Oct. 04, 2007 Department of Community Affairs` Amended Petition for Formal Administrative Hearing filed.
Oct. 04, 2007 Department of Community Affairs` Motion for leaving to File Amended Petition for Formal Administrative Hearing filed.
Oct. 04, 2007 Joint Response to Initial Order filed.
Sep. 27, 2007 Initial Order.
Sep. 27, 2007 Notice of Intent to Find the City of Port St. Joe Amendment Comprehensive Plan Not in Compliance filed.
Sep. 27, 2007 Statement of Intent to Find Comprehensive Plan Amendment Not in Compliance filed.
Sep. 27, 2007 Department of Community Affairs` Petition for Formal Administrative Hearing filed.
Source:  Florida - Division of Administrative Hearings

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