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DEPARTMENT OF COMMUNITY AFFAIRS vs CITY OF HOLLY HILL, 08-001204GM (2008)

Court: Division of Administrative Hearings, Florida Number: 08-001204GM Visitors: 9
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
Source:  Florida - Division of Administrative Hearings

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