Jul 24 2009 12:25 7/24/2089 12:89 Bbag222679 DCA LEGAL PAGE 61/85 FINAL ORDER NO. DGAQ9-GM-266 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS ACORN AT WILLOUGHBY, LLC, Petitioner, vy. DOAH Case No. 08-4930GM MARTIN COUNTY and DEFARTMENT OF COMMUNITY AFFAIRS, Respondents. FINAL ORDER An Admmistrative Law Judge of the Division of Administrative Hearings has entered an Order Closing File in this proceeding. A copy of the Order is attached hereto as Exhibit A. BACKGROUND This is a proceeding to determine whether Martin County’s Comprehensive Plan Amendment (“Amendment”) adopted by Ordinance No. 802, on August 5, 2008, is “in compliance” with the Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, Part IT, Florida Statutes. The Department reviewed the Amendment and issued a Notice and Statement of Intent to find it not in compliance. Pursuant to Section 163.3184(10), Flonda Statutes, the Department instituted an administrative proceeding against the County. Acorn at Willoughby, LLC, was granted leave to intervene, The County and the Department of Community Affairs entered into a Stipulated Settlement Agreement which required the County to adopt a remedial amendment (“Remedial Jul 24 2009 12:25 arf2d/2ae9 12:89 B589222679 DCA LEGAL PAGE 82/85 FINAL ORDER NO. DCAGS-GM-266 Amendment”). The County adopted the Remedial Amendment and, on June 29, 2009, the Department subsequently published its Cumulative Notice of Intent to find the Amendment and the Remedial Amendment “in compliance”. Acorn at Willoughby, LLC, did not join in the Settlement Agreement and, pursuant to Section 163.3184(16), Florida Statutes, was realigned as the Petitioner in this proceedmg. Acom at Willoughby, LLC, subsequently concurred with the Department’s determination that the Amendment, as remediated, is in compliance. A Motion to Relinquish Jurisdiction was filed with the Division of Administrative Hearings, and on July 17, 2009, the Administrative Law Judge issued his Order Closing File, 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=8 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 Jul 24 2009 12:25 ar/2d/2089 12:69 B589222679 DCA LEGAL PAGE 83/85 FINAL ORDER NO. DCA09-GM-266 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. MEDITATION UNDER SECTION 120.573, FLA. STAT., IS NOT AVAILABLE WITH RESPECT TO THE ISSUES RESOLVED BY THIS ORDER, Jul 24 2009 12:25 arf2d/2ae9 12:89 B589222679 DCA LEGAL PAGE @4/@5 FINAL ORDER NO. DCA09-GM-266 CERTIFICATE OF FILING AND SERVICE THEREBY 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 we flay of July, 2009. AE pd Paula Ford Agency Clerk Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 U. $. Mail: John §. Yudin, Esquire Attorney for Intervenor Guy Yudin & Foster, LLP 55 E. Ocean Boulevard Stuart, Florida 34994 David Acton, Esquire Martin County Attorney 2401 SE Monterey Road Stuart, Florida 34996 Hand Delivery: Richard E. Shine, Esquire L. Mary Thomas, Esquire Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 Jul 24 2009 12:25 arf2d/2ae9 12:89 B589222679 DCA LEGAL PAGE 85/85 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS ACORN AT WILLOUGHBY, LLC, Petitioner, Case No. 08-4930GM va. DEPARTMENT OF COMMUNITY AFFAIRS and MARTIN COUNTY, Respondents. ORDER CLOSING FILE Thig cause having come before the undersigned on Respondent Martin County's Unopposed Motion to Relinquish Jurisdiction, and the undersigned being fully advised, it ig, 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 of Community Affairs. DONE AND ORDERED this 17th day cf July, 2009, in Tallahassee, Leon County, Florida. enaaat © Res pow DONALD R. ALEXANDER A@ministrative Law Judge Division of Administrative Hearings The DeSoto Building 1230, Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 17th day of July, 2009. EXHIBIT A tabbies”

Docket for Case No: 08-004930GM

Orders for Case No: 08-004930GM