Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: CITY OF EDGEWATER
Judges: D. R. ALEXANDER
Agency: Department of Community Affairs
Locations: Edgewater, Florida
Filed: Apr. 11, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, September 29, 2008.
Latest Update: Jan. 05, 2025
FINAL ORDER NO. DCA: DCA09-GM-083
STATE OF FLORIDA Qe Ss
DEPARTMENT OF COMMUNITY AFFAIRS DS C
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DEPARTMENT OF COMMUNITY Kin ey
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DCA Docket No. 08-PEFE1-NOI-6405-(A(N) ~~
v. DOAH Case No. 08-1808GM
CITY OF EDGEWATER,
Respondent
/
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 this Final Order as
Exhibit A.
BACKGROUND
This is a proceeding to determine whether the City of Edgewater’s (City) Comprehensive
Plan Amendment 08-PEFE1 adopted by Ordinance Number 2007-O-18 on January 28, 2008, is
“Gn 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 which required the City to
adopt certain remedial plan amendments. The City adopted the remedial plan amendments and,
on September 3, 2008, the Department published its Cumulative Notice of Intent to find the Plan
Amendment and the remedial plan amendments to be “in compliance” with Chapter 163, Part II,
Florida Statutes, and Rule 9J-5, Florida Administrative Code.
FINAL ORDER NO. DCA: DCA09-GM-083
The Department subsequently filed with the Division of Administrative Hearings a
Notice of Voluntary Dismissal. On September 29, 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
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. DCA: DCA09-GM-083
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 correct
copies have Vin furnished to the persons listed below in the manner described,
on this day of March, 2009.
~ Paula Ford
Agency Clerk
Florida Department of Community A ffairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
U.S. Mail
The Honorable D.R. Alexander Carolyn Stroud Ansay, Esquire
Administrative Law Judge Doran Wolfe Ansay & Kundid
Division of Administrative Hearings 525 S. Flagler Drive, Suite 200
The DeSoto Building West Palm Beach, Florida 33401-5932
1230 Apalachee Parkway
Tallahassee, Florida 32399-1550
Hand Delivery
Leslie Bryson, Esquire
Department of Community Affairs
2555 Shumard Oak Blvd.
Tallahassee, Florida 32399
Docket for Case No: 08-001808GM
Issue Date |
Proceedings |
Apr. 01, 2009 |
Final Order filed.
|
Sep. 29, 2008 |
Order Closing File. CASE CLOSED.
|
Sep. 25, 2008 |
Voluntary Dismissal filed.
|
Jun. 16, 2008 |
Order Continuing Case in Abeyance (parties to advise status by September 26, 2008).
|
Jun. 12, 2008 |
Notice of Filing Stipulated Settlement Agreement and Request for Stay filed.
|
Jun. 12, 2008 |
Stipulated Settlement Agreement filed.
|
Apr. 21, 2008 |
Order Placing Case in Abeyance (parties to advise status by July 25, 2008).
|
Apr. 18, 2008 |
Joint Response to Initial Order filed.
|
Apr. 11, 2008 |
Initial Order.
|
Apr. 11, 2008 |
Notice of Intent to Find the City of Edgewater Comprehensive Plan Amendment Not in Compliance filed.
|
Apr. 11, 2008 |
Statement of Intent to Find the Comprehensive Plan Amendment Not in Compliance filed.
|
Apr. 11, 2008 |
Department of Community Affairs` Petition for Formal Administrative Hearing filed.
|