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WAL-MART STORES EAST, LP vs PASCO COUNTY AND LOCUST BRANCH, LLC, 10-010611DRI (2010)

Court: Division of Administrative Hearings, Florida Number: 10-010611DRI Visitors: 25
Petitioner: WAL-MART STORES EAST, LP
Respondent: PASCO COUNTY AND LOCUST BRANCH, LLC
Judges: J. LAWRENCE JOHNSTON
Agency: Office of the Governor
Locations: New Port Richey, Florida
Filed: Dec. 15, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, April 27, 2011.

Latest Update: May 19, 2011
100010611 AFO


FINAL ORDER NO. LW-11-008


STATE OF FLORIDA

LAND AND WATER ADJUDICATORY COMMISSION


I..O


WAL-MART STORES EAST, LP,



Petitioners,

(.)

o:.:i


vs. FLWAC CASE NO. APP-10-013

DOAH CASE NO. 10-1061 lDRI


PASCO COUNTY, FLORIDA and LOCUST BRANCH, LLC,


Respondents,


and


GOODMAN PROPERTIES, INC.,


Intervenor.

                                                                                       !


FINAL ORDER OF DISMISSAL


This cause came before the Secretary of the Florida Land and Water Adjudicatory

Commission upon the "Notice of Voluntary Dismissal" filed by the Petitioner, Wal-Mart Stores East, LP, on May 11, 2011. A copy of the "Notice of Voluntary Dismissal" is attached and

0

incorporated as "Exhibit A."


IT IS ORDERED that the proceeding is DISMISSED.


1



NOTICE OF RIGHTS


Any party to this Order has the right to seek Judicial review of the Final Order pursuant to section 120.68, Florida Statutes, by the filing of a Notice of Appeal pursuant to Rule 9.110, Florida Rules of Appellate Procedure, with the Clerk of the Commission, Office of Policy and Budget, Executive Office of the Governor, The Capitol, Room 1801, Tallahassee, Florida 32399- 0001; and by filing a copy of the Notice of Appeal, accompanied by the applicable filing fees, with the appropriate District Court of Appeal. Notice of Appeal must be filed within 30 days of the day this Order is filed with the Clerk of the Commission.

J1_

'!-€--

DONE AND ORDERED this day of May, 2011.


, Secretary

on a and and Water

Adjudicatory Commission


l ILED with the Clerk of the Florida Land and Water Adjudicatory Commission this


Clerk, Florida Land a d Adjudicatory Commissi

l day of May, 2011.



0


2


CERTIFICATE OF SERVICE



lerk, Florida L .. at Adjudicatory Commission

I HEREBY CERTIFY that a true and correw_py of theforegoing was delivered to the following persons by United States mail this Jl day of May, 2011.


0


Honorable Rick Scott Governor

The Capitol

Tallahassee, Florida 32399


Honorable Pam Bondi Attorney General

The Capitol

Tallahassee, Florida 32399


Carly A. Hermanson Governor's Legal Office Room 209, The Capitol

Tallahassee, Florida 32399-0001


Glenn N. Smith, Esquire Ruden McClosky P.A. 200 E. Broward Blvd.

Suite 1500

Ft. Lauderdale, Florida 33301


Manny Pumariega, Executive Director Tampa Bay Regional Planning Council 4000 Gateway Centre Boulevard Pinellas Park, Florida 33782

Honorable Jeff Atwater Chief Financial Officer The Capitol

Tallahassee, Florida 32399


Honorable Adam Putnam Commissioner of Agriculture The Capitol

Tallahassee, Florida 32399


William Buzzett, Secretary Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100


David A. Goldstein, Esquire Pasco County Attorney's Office 7530 Little Road

Suite 340

New Port Richey, Florida 34654


Robert K. Lincoln, Esquire William W. Merrill, Esquire Stacy Dillard-Spahn, Esquire Icard, Merrill, Cullis, Timm, Furen & Ginsburg, P.A.

2033 Main Street

Suite 600

Sarasota, Florida 34237


3



0


Ronald S. Holliday, Esquire Stephanie L. Adams, Esquire DLA Piper US LLP

100 North Tampa Street Suite 2200

Tampa, Florida 33602


Florida Administrative Law Reports Post Office Box 385

Gainesville, Florida 32602

Andrew Kruppa, Esquire Raul Manon, Esquire

Squire, Sanders & Dempsey (US) LLP 200 South Biscayne Boulevard

Suite 4100

Miami, Florida 33131


Honorable J. Lawrence Johnston Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060


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4


Docket for Case No: 10-010611DRI
Issue Date Proceedings
May 19, 2011 (Agency) Final Order of Dismissal filed.
May 13, 2011 Notice of Voluntary Dismissal filed.
Apr. 27, 2011 Order Relinquishing Jurisdiction. CASE CLOSED.
Apr. 26, 2011 Joint Motion to Relinquish Jurisdiction filed.
Mar. 15, 2011 Order Granting Continuance and Placing Case in Abeyance (parties to advise status by May 13, 2011).
Mar. 14, 2011 Joint Motion to Continue Final Hearing and Abate Discovery filed.
Feb. 25, 2011 Order on Motion to Strike and Dismiss.
Feb. 23, 2011 Respondents Locust Branch LLC and Pasco County's Witness List filed.
Feb. 23, 2011 Petitioner, Wal-Mart Stores East, LP's, Second Amended Witness List filed.
Feb. 23, 2011 Petitioner, Wal-Mart Stores East, LP's Amended Witness List (as to Certificate of Service Only) filed.
Feb. 23, 2011 Petitioner, Wal-Mart Stores East, LP's, Witness List filed.
Feb. 22, 2011 Order Granting Leave to Intervene.
Feb. 18, 2011 Petition for Leave to Intervene for Limited Purposed by Goodman Properties, Inc., filed.
Feb. 17, 2011 Notice of Cancelling Telephonic Hearing filed.
Feb. 17, 2011 Notice of Appearance (of R. Manon) filed.
Feb. 17, 2011 Notice of Appearance (of A. Kruppa) filed.
Feb. 16, 2011 Notice of Telephonic Hearing filed.
Feb. 15, 2011 Respondent Locust Branch, LLC's Request for Production to Wal-Mart Stores East, LP filed.
Feb. 15, 2011 Respondent Locust Branch, LLC's First Request for Admissions to Wal-Mart Stores East, LP filed.
Feb. 15, 2011 Respondent Locust Branch LLC's Notice of Serving First Interrogatories to Petitioner Wal-Mart Stores East, LP filed.
Feb. 14, 2011 Petitioner's Request for Production of Documents from Respondent, Locust Branch, LLC filed.
Feb. 14, 2011 Petitioner, Wal-Mart Stores East, LP's Response to Respondent, Locust Branch, LLC's Motions to Strike and Dismiss Amended Petition filed.
Feb. 01, 2011 Order Granting Official Recognition.
Jan. 28, 2011 Order Granting Extension of Time.
Jan. 28, 2011 Petitioner's Unopposed Motion for Extension of Time filed.
Jan. 24, 2011 Respondent Locust Branch LLC's Answer to Amended Petition and Motions to Strike and Dismiss Amended Petition filed.
Jan. 24, 2011 Respondent Locust Branch LLC's Request for Official Recognition filed.
Jan. 24, 2011 Notice of Appearance (of R. Linclon) filed.
Jan. 10, 2011 Amended Notice of Hearing (hearing set for March 30 through April 1 and April 20, 2011; 9:00 a.m.; New Port Richey, FL; amended as to hearing location).
Jan. 10, 2011 Order of Pre-hearing Instructions.
Jan. 10, 2011 Notice of Hearing (hearing set for March 30 through April 1 and April 20, 2011; 9:00 a.m.; New Port Richey, FL).
Jan. 03, 2011 Order Granting Leave to Amend.
Dec. 27, 2010 Motion for Leave to File and Stipulation Regarding Amended Petition Appealing an Amended DRI Development Order and Requesting a De Novo Administrative Proceeding filed.
Dec. 23, 2010 Joint Prehearing Stipulation filed.
Dec. 23, 2010 Notice of Appearance (of E. Somerstein) filed.
Dec. 21, 2010 Joint Response to the Initial Order filed.
Dec. 17, 2010 Joint Motion for Additional Extension of Time to File Joint Prehearing Stipulation filed.
Dec. 17, 2010 Initial Order.
Dec. 17, 2010 Notice of Appearance (of G. Smith) filed.
Dec. 15, 2010 Order Granting Joint Motion for Extension of Time to File Joint Prehearing Stipulation (December 8, 2010) filed.
Dec. 15, 2010 Joint Motion for Additional Extension of Time to File Joint Prehearing Stipulation filed.
Dec. 15, 2010 Order Granting Joint Motion for Extension of Time to File Joint Prehearing Stipulation (November 22, 2010) filed.
Dec. 15, 2010 Notice of Forwarding Appeal filed.
Dec. 15, 2010 Agreed Joint Stipulation Agreeing to Transfer of Petition to the Division of Administrative Hearings filed.
Dec. 15, 2010 Agreed Joint Motion for Extension of Time for Parties to File their Joint Prehearing Stipulation filed.
Dec. 15, 2010 Respondents Locust Branch, LLC's and Pasco County's Answer and Affirmative Defenses to Petition filed.
Dec. 15, 2010 Respondents Locust Branch, LLC's and Pasco County's Motion in Opposition to Petition filed.
Dec. 15, 2010 Petition Appealing an Amended DRI Development Order and Requesting a De Novo Administrative Proceeding filed.
Dec. 15, 2010 Notice of Appeal filed.
Dec. 15, 2010 Agency referral filed.

Orders for Case No: 10-010611DRI
Issue Date Document Summary
May 17, 2011 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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