Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: CITY OF HOLLY HILL
Judges: D. R. ALEXANDER
Agency: Department of Community Affairs
Locations: Holly Hill, Florida
Filed: Mar. 10, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, May 21, 2008.
Latest Update: Dec. 24, 2024
FINAL ORDER NO. DCA08-GM-232
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
DEPARTMENT OF COMMUNITY
AFFAIRS,
Petitioner,
v. DOAH Case No.: 08- 12046M =
CITY OF HOLLY HILL, = &
nO
Respondent. a
/ U
SS ”
FINAL ORDER 2
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 this Final Order as
Exhibit A.
BACKGROUND
This is a proceeding to determine whether the City of Holly Hill’s (City) Comprehensive
Plan Amendment 07-2 adopted by Ordinance No. 2810 on January 8, 2008, 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, on April
28, 2008, the Department subsequently published its Cumulative Notice of Intent to find the Plan
Amendment and the remedial amendment to be “in compliance” with Chapter 163, Part II,
Florida Statutes, and Rule 9J-5, Florida Administrative Code.
FINAL ORDER NO. DCA08-GM-232
The Department subsequently filed with the Division of Administrative Hearings a Notice
of Voluntary Dismissal. On May 21, 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. Ke v
General Counsel
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-232
CERTIFICATE OF FILING AND SERVICE
IHEREBY 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 Ib
day of October, 2008. ©
Paula Ford
Agency Clerk
Florida Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
U.S. Mail:
The Honorable D.R. Alexander ; Scott E. Simpson, Esq.
Administrative Law Judge Korey, Sweet, McKinnon, Simpson & Vukelja
Division of Administrative Hearings 595 W. Granada Blvd., Suite A
The DeSoto Building Ormond Beach, Florida 32174-5181
1230 Apalachee Parkway
Tallahassee, FL 32399-1550
Hand Delivery:
Leslie Bryson, Esquire
Department of Community Affairs
2555 Shumard Oak Blvd.
Tallahassee, Florida 32399
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF COMMUNITY
AFFAIRS,
Petitioner,
vs. Case No. 08-1204GM
CITY OF HOLLY HILL,
Respondent.
ORDER CLOSING. FILE
This cause having come before the undersigned on
Petitioner's Notice of Voluntary Dismissal, and the undersigned
being fully advised, it is, therefore,
ORDERED that the file of the Division of Administrative
Hearings in the above-captioned matter is hereby closed.
Jurisdiction is hereby relinquished to the Department.
DONE AND ORDERED this 21st day of May, 2008, in Tallahassee,
Leon County, Florida.
DONALD R. ALEXANDER
Administrative Law Judge
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
(850) 488-9675 SUNCOM 278-9675
Fax Filing (850) 921-6847
www.doah.state.fl.us
Filed with the Clerk of the
Division of Administrative Hearings
this 21st day of May, 2008.
EXHIBIT
tabbies:
COPIES FURNISHED:
Leslie E. Bryson, Esquire
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Scott E. Simpson, Esquire
Korey, Sweet, McKinnon, Simpson & Vukelja
595 West Granada Boulevard, Suite A
Ormond Beach, Florida 32174-5181
Docket for Case No: 08-001204GM
Issue Date |
Proceedings |
Oct. 20, 2008 |
Final Order filed.
|
May 21, 2008 |
Order Closing File. CASE CLOSED.
|
May 20, 2008 |
Voluntary Dismissal filed.
|
Mar. 25, 2008 |
Stipulated Settlement Agreement filed.
|
Mar. 25, 2008 |
Notice of Filing Stipulated Settlement Agreement filed.
|
Mar. 18, 2008 |
Order Placing Case in Abeyance (parties to advise status by June 20, 2008).
|
Mar. 17, 2008 |
Response to Initial Order filed.
|
Mar. 11, 2008 |
Initial Order.
|
Mar. 10, 2008 |
Notice of Intent to Find City of Holly Hill Comprehensive Plan Amendment Not in Compliance filed.
|
Mar. 10, 2008 |
Statement of Intent to Find a Comprehensive Plan Amendment Not in Compliance filed.
|
Mar. 10, 2008 |
Department of Community Affairs` Petition for Formal Administrative Hearing filed.
|