FINAL ORDER NO. DCA09-GNQ85 4, G S. . & ss STATE OF FLORIDA nd, Pr, 2) DEPARTMENT OF COMMUNITY AFFAIRS 7/7, 4 . SEALS, Soa, Va INTERVEST CONSTRUCTION, INC., Nise On ey Si, Petitioner, & DCA Docket No. 06-2-NOI-6401-(A)-(1) vs. DOAH Case No. 08-1067GM VOLUSIA 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 in this proceeding. A copy of the Order is attached to tls Final Order as Exhibit A. BACKGROUND This is a proceeding to determine whether Volusia County’s (County) Comprehensive Plan Amendment 06-2 adopted by Ordinance Number 2006-24 on November 16, 2006 is “in compliance” with the Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, Part II, Florida Statutes (Act). The parties entered into a Stipulated Settlement Agreement in a related matter, Department of Community Affairs v. Volusia County and Intervest Construction, Inc., DOAH Case Number 08-848GM. Settlement of that matter resolved Petitioner's c®hcems in the instant matter, and Petitioner voluntarily dismissed its Petition on December 12, 2008. FINAL ORDER NO. DCA09-GM-085 On December 17, 2008, the Administrative Law Judge issued his Order Closing File. 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 FINAL ORDER NUMBER: DCA09-GM-085 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 NUMBER: DCA09-GM-085 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 ep day of Sec, 20 furnished to the persons listed below in the manner described, on this day of March, 2009. ‘ A aula Ford Agency Clerk Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 U.S. Mail The Honorable D.R. Alexander Michael G. Dyer, Assistant County Attorney Administrative Law Judge Volusia County Division of Administrative Hearings 123 West Indiana Avenue The DeSoto Building DeLand, Florida 32720 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 C. Allen Watts, Esquire Cobb & Cole 351 East New York Avenue, Suite 200 Deland, Florida 32724 Hand Delivery Leslie Bryson, Esquire Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, Florida 32399

Docket for Case No: 08-001067GM