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DEPARTMENT OF COMMUNITY AFFAIRS vs CITY OF TAVARES, 08-003624GM (2008)

Court: Division of Administrative Hearings, Florida Number: 08-003624GM Visitors: 25
Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: CITY OF TAVARES
Judges: BRAM D. E. CANTER
Agency: Department of Community Affairs
Locations: Tavares, Florida
Filed: Jul. 23, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, May 19, 2009.

Latest Update: Jun. 19, 2009
FINAL ORDER NO. DCA09-GM-231 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, Lope Case No. 08-3624GM ess Se v. . a CITY OF TAVARES, Respondent. / FINAL ORDER An Administrative Law Judge of the Division of Administrative Hearings has entered an Order Closing File. 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 Tavares (“City”) comprehensive plan amendments, adopted by Ordinance Nos. 2007-27 and 2007-41 are “in compliance” with the Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, Part I, Florida Statutes (the “Act”). The Department filed its Statement of Intent and Notice of Intent to find the plan amendments adopted by Ordinance Nos. 2007-27 and 2007-41 to be not “in compliance,” and subsequently filed its Petition for a Formal Administrative Hearing with the Division of Administrative Hearings (“Division”). Following the referral to the Division, the parties requested that the matter be placed in abeyance for settlement negotiations. FINAL ORDER NO. DCA09-GM-231 On December 17, 2008 the City adopted a Water Supply Facility Work Plan (“Work Plan”) as specified by the Department in the Statement of Intent. The Department determined the Work Plan to be “in compliance.” Therefore, the Department voluntarily dismissed its Petition. On May 19, 2009, the Administrative Law Iudge issued the 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 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 FINAL ORDER NO. DCA09-GM-231 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. DCA09-GM-231 CERTIFICATE OF FILING AND SERVICE I HEREBY CERTIFY that the original of the foregoing has been filed with the undersigned designated Agency Clerk, and that true and correct copies have been furnished to the persons listed below in the manner described, on this ay of June, 2009. U.S. Mail: The Honorable Bram D. E. Canter Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 Robert Quintin Williams Williams, Smith & Summers 380 West Alfred Street Tavares, Florida 32778-3206 Hand Delivery Matthew Davis, Esq. Assistant General Counsel Department of Community Affairs Agency Clerk LOB ge Viren Ford

Docket for Case No: 08-003624GM
Issue Date Proceedings
Jun. 19, 2009 Amended Final Order filed.
Jun. 19, 2009 Final Order filed.
May 19, 2009 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
May 18, 2009 (Petitioner`s) Motion for Voluntary Dismissal filed.
Apr. 16, 2009 Notice of Substitution of Counsel for Department of Community Affairs (filed by M. Davis) filed.
Mar. 30, 2009 Order Continuing Case in Abeyance (parties to advise status by May 15, 2009).
Mar. 27, 2009 Status Report filed.
Jan. 23, 2009 Order Continuing Case in Abeyance (parties to advise status by March 27, 2009).
Jan. 21, 2009 Status Report filed.
Oct. 29, 2008 Order Continuing Case in Abeyance (parties to advise status by January 22, 2009).
Oct. 28, 2008 Supplemental Response to Initial Order and Motion to Abate filed.
Jul. 30, 2008 Order Placing Case in Abeyance (parties to advise status by October 29, 2008).
Jul. 30, 2008 Notice of Appearance filed.
Jul. 30, 2008 Response to Initial Order filed.
Jul. 23, 2008 Initial Order.
Jul. 23, 2008 Notice of Intent to Find City of Tavares Comprehensive Plan Amendment Not in Compliance filed.
Jul. 23, 2008 Statement of Intent to Find Comprehensive Plan Amendment Not in Compliance filed.
Jul. 23, 2008 Department of Community Affairs` Petition for Formal Administrative Hearing filed.

Orders for Case No: 08-003624GM
Issue Date Document Summary
Jun. 18, 2009 Agency Final Order
Jun. 05, 2009 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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