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DEPARTMENT OF COMMUNITY AFFAIRS vs TOWN OF GREENWOOD, 08-002277GM (2008)

Court: Division of Administrative Hearings, Florida Number: 08-002277GM Visitors: 30
Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: TOWN OF GREENWOOD
Judges: D. R. ALEXANDER
Agency: Department of Community Affairs
Locations: Greenwood, Florida
Filed: May 13, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, October 10, 2008.

Latest Update: Dec. 24, 2024
FINAL ORDER NO. DCA08-GM-291 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS m ae DEPARTMENT OF COMMUNITY ; OQ AFFAIRS, bo, ea Kio, € Petitioner, GOD ¥v BLO F v. DOAH Case No. 08-2277GM hc a TOWN OF GREENWOOD, Respondent. / FINAL ORDER An Administrative Law Judge of the Division of Administrative Hearings 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 Town of Greenwood (“Town”) Comprehensive Plan Amendment 08-1, adopted in part by Ordinance No. 200-01, Section 2, Conservation Element on March 11, 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 Town to adopt certain remedial amendments. The Town adopted the remedial amendments and the Department of Community Affairs (“Department”) subsequently published a Cumulative Notice of Intent to find the original plan amendment and the remedial amendment “in compliance” with the Act. FINAL ORDER NO. DCA08-GM-291 The Department then filed a Motion to Close File and Relinquish Jurisdiction. The Administrative Law Judge issued an 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 DEPARTMENT OF COMMUNITY AFFAIRS 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(6)(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-291 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 haye been furnished to the persons listed below in the manner described, on this ay of f e , 2008. Paula Ford gency Clerk U. S. Mail: Hand Delivery: The Honorable Donald R. Alexander Kelly A. Martinson, Esq. Administrative Law Judge Assistant General Counsel Division of Administrative Hearings Department of Community Affairs The DeSoto Building 2555 Shumard Oak Boulevard 1230 Apalachee Parkway Tallahassee, Florida 32399-2100 Tallahassee, Florida 32399-3060 Daniel H. Cox, Esq. P.O. Box CC Carrabelle, Florida 32322-1229 ; STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARIN DEPARTMENT OF COMMUNITY AFFAIRS, OCT 13 2008 Petitioner, vs. Case No. 08-2277GM TOWN OF GREENWOOD, | Respondent. ORDER CLOSING FILE This cause having come before the undersigned on Petitioner's Motion to Close file and Relinquish Jurisdiction, 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 agency. DONE AND ORDERED this 10th day of October, 2008, in Tallahassee, Leon County, Florida. VS panet 2 anal 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 10th day of October, 2008. TECEIVED COPIES FURNISHED: Kelly A. Martinson, Esquire Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Daniel H. Cox, Esquire Daniel H. Cox, P.A. Post Office Drawer CC Carrabelle, Florida 32322-1229

Docket for Case No: 08-002277GM
Issue Date Proceedings
Oct. 16, 2008 Final Order filed.
Oct. 10, 2008 Order Closing File. CASE CLOSED.
Oct. 08, 2008 Motion to Close File and Relinquish Jurisdiction filed.
Aug. 26, 2008 Order Continuing Case in Abeyance (parties to advise status by November 21, 2008).
Aug. 22, 2008 Notice of Filing Stipulated Settlement Agreement and Request for Continued Stay of Proceedings filed.
Aug. 12, 2008 Petitioner`s Motion to Cancel Hearing and Place Case in Abeyance filed.
Aug. 06, 2008 Order Granting Continuance and Placing Case in Abeyance (parties to advise status by October 10, 2008).
Aug. 05, 2008 Petitioner`s Motion to Cancel Hearing and Place Case in Abeyance filed.
May 21, 2008 Order of Pre-hearing Instructions.
May 21, 2008 Notice of Hearing (hearing set for September 30, 2008; 9:00 a.m., Central Time; Greenwood, FL).
May 20, 2008 Response to Initial Order filed.
May 13, 2008 Initial Order.
May 13, 2008 Notice of Intent to Find the Town Greenwood Amendments Not in Compliance filed.
May 13, 2008 Statement of Intent to Find Comprehensive Plan Amendment Not in Compliance filed.
May 13, 2008 Department of Community Affairs` Petition for Formal Administrative Hearing filed.
Source:  Florida - Division of Administrative Hearings

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