Petitioner: SHERRY RAYBORN
Respondent: WALTON COUNTY AND DEPARTMENT OF COMMUNITY AFFAIRS
Judges: BRAM D. E. CANTER
Agency: Department of Community Affairs
Locations: Santa Rosa Beach, Florida
Filed: Jan. 14, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, April 21, 2009.
Latest Update: Dec. 25, 2024
Final Order No. DCA09-GM-229
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SHERRY RAYBORN,
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Petitioner, APIEATI ye
v. DOAH Case No.: 08-0225GM°
WALTON COUNTY and DEPARTMENT OF
COMMUNITY AFFAIRS,
Respondents,
FINAL ORDER
An Administrative Law Judge of the Division of Administrative Hearings has entered an
Order Closing File following the Notice of Voluntary Dismissal filed by the Petitioner. A copy
of the Order is attached as Exhibit A. .
BACKGROUND
This is a proceeding to determine whether the Walton County Comprehensive Plan
Amendment 07-1, adopted by Ordinance No. 2007-34, is “in compliance” with the Local
Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, Part II,
Florida Statutes (the “Act”). After the Department of Community Affairs (“Department”)
published notice that it found the plan amendment to be “in compliance,” Petitioner Sherry
Rayborn filed a petition (“Petition”) challenging that finding and the case was assigned DOAH
Case No. 08-0225GM.
The parties executed a Stipulated Settlement Agreement (“Agreement”) and filed the
Agreement with DOAH on April 6, 2009. Following the filing of the Agreement, the Petitioner
dismissed the Petition on April 20, 2009. Consequently, the DOAH case file for DOAH Case
Final Order No. DCA09-GM-229
No. 08-0225GM has been closed and jurisdiction has been relinquished to the Department for
entry of a final order of dismissal.
ORDER
WHEREFORE, it is ORDERED that the above-captioned proceeding is DISMISSED,
Walton County Comprehensive Plan Amendment 07-01, adopted by Ordinance No. 2007-34, is
“in compliance,” 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
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Final Order No. DCA09-GM-229
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-229
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original of the foregoing has been filed with the
undersigned designated Agency Clerk, and that true and Wr copies have been furnished to
the persons listed below in the manner described, on this
ry of June, 2009.
Paula Ford
ar Clerk
U. S. Mail:
The Honorable Bram D. E. Canter
Administrative Law Judge
Division of Administrative Hearings
1230 Apalachee Parkway
Tallahassee, FL 32399-3060
Michael S. Burke, Esq.
Burke, Blue, Hurchison & Walters, P.A.
415 Beckrich Road, Suite 500
Panama City Beach, Florida 32407
Hand Delivery:
Matthew Davis
Assistant General Counsel
Department of Community A ffairs
2555 Shumard Oak Blvd.
Tallahassee, Florida 32399
Lisa S. Minshew, Esq.
Lisa S. Minshew, P.A.
433 East Government Street
Pensacola, Florida 32502
Docket for Case No: 08-000225GM
Issue Date |
Proceedings |
Jun. 03, 2009 |
Final Order filed.
|
Apr. 21, 2009 |
Order Closing File. CASE CLOSED.
|
Apr. 20, 2009 |
Notice of Voluntary Dismissal without Prejudice filed.
|
Apr. 06, 2009 |
Stipulated Settlement Agreement filed.
|
Mar. 19, 2009 |
Order Continuing Case in Abeyance (parties to advise status by May 18, 2009).
|
Mar. 18, 2009 |
Petitioner`s Stipulated Motion for Extension of Time filed.
|
Feb. 13, 2009 |
Order Continuing Case in Abeyance (parties to advise status by March 18, 2009).
|
Feb. 12, 2009 |
Status Report and Motion for Continued Abeyance of Proceedings filed.
|
Feb. 11, 2009 |
Notice of Substitution of Counsel for Department of Community Affairs (filed by M. Davis) filed.
|
Dec. 23, 2008 |
Order Continuing Case in Abeyance (parties to advise status by February 12, 2009).
|
Dec. 18, 2008 |
Status Report filed.
|
Oct. 28, 2008 |
Order Continuing Case in Abeyance (parties to advise status by December 16, 2008).
|
Oct. 23, 2008 |
Petitioner`s Motion for Extension of Time filed.
|
Sep. 25, 2008 |
Order Continuing Case in Abeyance (parties to advise status by October 24, 2008).
|
Sep. 25, 2008 |
Petitioner`s Motion for Extension of Time filed.
|
Sep. 24, 2008 |
Notice of Appearance (filed by L. Minshew).
|
Aug. 01, 2008 |
Order Continuing Case in Abeyance (parties to advise status by October 1, 2008).
|
Jul. 31, 2008 |
Petitioner`s Status Report filed.
|
May 30, 2008 |
Order Continuing Case in Abeyance (parties to advise status by July 31, 2008).
|
May 30, 2008 |
Petitioner`s Status Report filed.
|
Apr. 08, 2008 |
Order Placing Case in Abeyance (parties to advise status by May 30, 2008).
|
Apr. 04, 2008 |
Petitioner`s Status Report filed.
|
Mar. 26, 2008 |
Order Granting Continuance (parties to advise status by April 4, 2008).
|
Mar. 24, 2008 |
Petitioner`s Motion for Continuance filed.
|
Mar. 21, 2008 |
Notice of Appearance (filed by P. Krechowski).
|
Feb. 05, 2008 |
Notice of Transfer.
|
Jan. 23, 2008 |
Order of Pre-hearing Instructions.
|
Jan. 23, 2008 |
Notice of Hearing (hearing set for April 15 and 16, 2008; 10:00 a.m., Central Time; Santa Rosa Beach, FL).
|
Jan. 22, 2008 |
Response to Initial Order filed.
|
Jan. 18, 2008 |
Letter to Judge Wetherell from S. Rayborn requesting change of venue filed.
|
Jan. 18, 2008 |
Letter to Judge Wetherell from S. Rayborn responding to the Initial Order filed.
|
Jan. 17, 2008 |
Letter response to the Initial Order filed.
|
Jan. 14, 2008 |
Initial Order.
|
Jan. 14, 2008 |
Notice of Intent to Find the Walton County Comprehensive Plan Amendment(s) in Compliance filed.
|
Jan. 14, 2008 |
Petition for Formal Administrative Proceeding filed.
|
Jan. 14, 2008 |
Agency referral filed.
|