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DEPARTMENT OF COMMUNITY AFFAIRS vs CITY OF MOUNT DORA, 08-003215GM (2008)

Court: Division of Administrative Hearings, Florida Number: 08-003215GM Visitors: 22
Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: CITY OF MOUNT DORA
Judges: BRAM D. E. CANTER
Agency: Department of Community Affairs
Locations: Mount Dora, Florida
Filed: Jul. 03, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, October 14, 2008.

Latest Update: Dec. 26, 2024
FINAL ORDER NO. DCA: DCA09-GM-081 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS Sm aay Fy, = oe DEPARTMENT OF COMMUNITY ge RF ms AFFAIRS, EEG L f BEG » “4 Petitioner, EGO, Q DCA Docket No. 07-PEFE1-NOI-35¥3-{A)-(N) v. DOAH Case No. 08-3215GM « ” CITY OF MOUNT DORA, 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 Mount Dora’s (City) Comprehensive Plan Amendment 07-PEFE1 adopted by Ordinance Number 2007-936 on October 16, 2007, is “in compliance” with the Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, Part I, 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 16, 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 I, Florida Statutes, and Rule 9J-5, Florida Administrative Code. FINAL ORDER NO. DCA: DCA09-GM-081 The Department subsequently filed with the Division of Administrative Hearings a Notice of Voluntary Dismissal.. On October 14, 2008, the Administrative Law Judge issued his Order Relinquishing Jurisdiction and 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, Wi? 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-081 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 pyen furnished to the persons listed below in the manner described, on this a (2 day of March, 2009. Paula Ford kL Agency Clerk Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 U.S. Mail The Honorable Bram D.E. Canter The Honorable Melissa DeMarco Administrative Law Judge Mayor, City of Mount Dora Division of Administrative Hearings City Hall The DeSoto Building 510 North Baker Street 1230 Apalachee Parkway Mount Dora, Florida 32756 Tallahassee, Florida 32399-1550 : Virginia Cassady, Esquire Mark Reggentin Shepard, Smith & Cassady, P.A. Planning & Development Director 111 S. Maitland Ave. City of Mount Dora Maitland, Florida 32751 510 North Baker Street Mount Dora, Florida 32757 Hand Delivery Leslie Bryson, Esquire Department of Community Affairs 2555 Shumard Oak Blvd. , Tallahassee, Florida 32399

Docket for Case No: 08-003215GM
Issue Date Proceedings
Apr. 01, 2009 Final Order filed.
Oct. 14, 2008 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Oct. 13, 2008 Voluntary Dismissal filed.
Sep. 22, 2008 Order Continuing Case in Abeyance (parties to advise status by October 15, 2008).
Sep. 19, 2008 Stipulated Settlement Agreement filed.
Sep. 19, 2008 Notice of Filing Stipulated Settlement Agreement filed.
Sep. 19, 2008 Status Report filed.
Jul. 14, 2008 Order Placing Case in Abeyance (parties to advise status by September 19, 2008).
Jul. 14, 2008 Response to Initial Order filed.
Jul. 07, 2008 Initial Order.
Jul. 03, 2008 Notice of Intent to Find the City of Mount Dora Comprehensive Plan Amendment Not in Compliance filed.
Jul. 03, 2008 Statement of Intent to Find Comprehensive Plan Amendment Not in Compliance filed.
Jul. 03, 2008 Department of Community Affairs` Petition for Formal Administrative Hearing filed.
Source:  Florida - Division of Administrative Hearings

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