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SHERRY RAYBORN vs WALTON COUNTY AND DEPARTMENT OF COMMUNITY AFFAIRS, 08-000225GM (2008)

Court: Division of Administrative Hearings, Florida Number: 08-000225GM Visitors: 4
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 fee ae f é gf fm STATE OF FLORIDA we €* PY DEPARTMENT OF COMMUNITY AFFAIRS“ My SHERRY RAYBORN, 7 ¥Or 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.
Source:  Florida - Division of Administrative Hearings

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