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Home » Cases Under Administrative Hearing » 09-001873GM

09-001873GM Department Of Community Affairs vs. City Of Midway
 Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, December 29, 2010.

View Dockets  

1FINAL ORDER NO. DCAll-GM-006

5STATE OF FLORIDA

8DEPARTMENT OF COMMUNITY AFFAIRS

12DEPARTMENT OF COMMUNITY

15AFFAIRS,

16Petitioner,

17vs. DOAH Case No. 09-1873GM

22CITY OF MIDWAY,

25Respondent.

26----------------_/

27FINAL ORDER

29An Administrative Law Judge of the Division of Administrative Hearings has entered an

42Order Closing File in this proceeding. A copy of the Order is attached to this Final Order as

60Exhibit A.

62BACKGROUND

63This is a proceeding to determine whether the City of Midway's ("City") Comprehensive

78Plan Amendment adopted by Ordinance No. 2008-02 Section 1, Maps 1.4 and 1.6 depicting

92Future Land Use Map amendments number 13 and 1, and Future land Use Element Policy

1071.1.1.12, on May 29, 2008 ("Plan Amendment"), is "in compliance" with the Local Government

123Comprehensive Planning and Land Development Regulation Act, Ch. 163, Part II, Florida

135Statutes (the "Act").

139The parties entered into a Stipulated Settlement Agreement which required the City to

152adopt certain remedial amendments. The City adopted the remedial amendments by Ordinance

164Nos. 2008-12,2008-13 and 2008-14 on November 5,2009, and Ordinance No. 2009-07 on

178September 2, 2010, ("Remedial Amendments"). On November 17, 2010, the Department

191Filed January 5, 2011 10:50 AM Division of Administrative Hearings

201FINAL ORDER NO. DCAll-GM-006

205published its Cumulative Notice of Intent finding the Plan Amendment and the Remedial

218Amendment "in compliance" with Chapter 163, Part II, Florida Statutes, and Rule 9J-5, Florida

232Administrative Code. No party filed a challenge to the Remedial Amendments within the 21-day

246challenge period.

248The Department filed with the Division of Administrative Hearings a Notice of Filing

261Cumulative Notice of Intent and Request to Relinquish Jurisdiction on December 28, 2010. On

275December 29, 2010, the Administrative Law Judge issued his Order Closing File. No

288Exceptions to the Administrative Law Judge's Order were filed.

297ORDER

298WHEREFORE, it is ORDERED that the above-captioned proceeding is DISMISSED,

308and the Agency Clerk is directed to close the file.

318DONE AND ORDERED in Tallahassee, Florida.

324FINAL ORDER NO. DCAll-GM-006

328NOTICE OF RIGHTS

331EACH PARTY IS HEREBY ADVISED OF ITS RIGHT TO SEEK JUDICIAL

342REVIEW OF THIS FINAL ORDER PURSUANT TO SECTION 120.68, FLORIDA

352STATUTES, AND FLORIDA RULES OF APPELLATE PROCEDURE 9.030(b)(l)(C) AND

3619.110.

362TO INITIATE AN APPEAL OF THIS ORDER, A NOTICE OF APPEAL MUST BE

375FILED WITH THE DEPARTMENT'S AGENCY CLERK, 2555 SHUMARD OAK

384BOULEV ARD, TALLAHASSEE, FLORIDA 32399-2100, WITHIN 30 DAYS OF THE DAY

395THIS ORDER IS FILED WITH THE AGENCY CLERK. THE NOTICE OF APPEAL MUST

408BE SUBSTANTIALLY IN THE FORM PRESCRIBED BY FLORIDA RULE OF

418APPELLATE PROCEDURE 9.900(a). A COPY OF THE NOTICE OF APPEAL MUST BE

430FILED WITH THE APPROPRIATE DISTRICT COURT OF APPEAL AND MUST BE

441ACCOMPANIED BY THE FILING FEE SPECIFIED IN SECTION 35.22(3), FLORIDA

451STATUTES.

452YOU WAIVE YOUR RIGHT TO JUDICIAL REVIEW IF THE NOTICE OF APPEAL

464IS NOT TIMELY FILED WITH THE AGENCY CLERK AND THE APPROPRIATE

475DISTRICT COURT OF APPEAL.

479MEDIATION UNDER SECTION 120.573, FLA. STAT., IS NOT AVAILABLE WITH

489RESPECT TO THE ISSUES RESOLVED BY THIS ORDER.

497FINAL ORDER NO. DCAll-GM-006

501CERTIFICATE OF FILING AND SERVICE

506I HEREBY CERTIFY that the original of the foregoing has been filed with the

520undersigned Agency Clerk of the Department of Community Mfairs, and that true and

533copies have been furnished to the persons listed below in the manner described, on this

548day ofJanuary, 2011. .:J .;

55314vJut

554Paula Ford

556Agency Clerk

558Florida Department of Community Mfairs

5632555 Shumard Oak Boulevard

567Tallahassee, Florida 32399-2100

570U. S. Mail:

573The Honorable Bram D. E. Canter

579Administrative Law Judge

582Division of Administrative Hearings

586The DeSoto Building

5891230 Apalachee Parkway

592Tallahassee, FL 32399-3060

595Agatha Muse-Salters

597City of Midway

600P.O. Box 438

603Midway, Florida 32343

606Hand Delivery:

608Matthew Davis, Esquire

611Assistant General Counsel

614Department of Community Affairs

6182555 Shumard Oak Blvd.

622Tallahassee, Florida 32399

Dockets
Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 01/05/2011
Proceedings: Agency Final Order
PDF:
Date: 01/05/2011
Proceedings: (Agency) Final Order filed.
PDF:
Date: 12/29/2010
Proceedings: Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
PDF:
Date: 12/28/2010
Proceedings: Department of Community Affairs' Notice of Filing Cumulative Notice of Intent and Request to Relinquish Jurisdiction filed.
PDF:
Date: 10/25/2010
Proceedings: Order Continuing Stay (parties to advise status by December 21, 2010).
PDF:
Date: 10/22/2010
Proceedings: Status Report filed.
PDF:
Date: 08/24/2010
Proceedings: Order Continuing Case in Abeyance (parties to advise status by October 22, 2010).
PDF:
Date: 08/24/2010
Proceedings: Status Report filed.
PDF:
Date: 06/23/2010
Proceedings: Order Continuing Case in Abeyance (parties to advise status by August 20, 2010).
PDF:
Date: 06/21/2010
Proceedings: Status Report filed.
PDF:
Date: 04/21/2010
Proceedings: Order Continuing Stay (parties to advise status by June 21, 2010).
PDF:
Date: 04/21/2010
Proceedings: Status Report filed.
PDF:
Date: 01/15/2010
Proceedings: Order (parties to advise of status no later than April 7, 2010).
PDF:
Date: 01/12/2010
Proceedings: Status Report filed.
PDF:
Date: 10/08/2009
Proceedings: Order of Stay.
PDF:
Date: 10/07/2009
Proceedings: Stipulated Settlement Agreement filed.
PDF:
Date: 10/07/2009
Proceedings: Notice of Filing Stipulated Settlement Agreement and Request for Continued Stay of Proceedings filed.
PDF:
Date: 09/02/2009
Proceedings: Order Continuing Case in Abeyance (parties to advise status by October 20, 2009).
PDF:
Date: 09/01/2009
Proceedings: Status Report filed.
PDF:
Date: 06/29/2009
Proceedings: Order Continuing Case in Abeyance (parties to advise status by August 26, 2009).
PDF:
Date: 06/19/2009
Proceedings: (Petitioner's) Status Report filed.
PDF:
Date: 04/22/2009
Proceedings: Order Placing Case in Abeyance (parties to advise status by June 19, 2009).
PDF:
Date: 04/21/2009
Proceedings: Response to Initial Order filed.
PDF:
Date: 04/14/2009
Proceedings: Initial Order.
PDF:
Date: 04/14/2009
Proceedings: Notice of Intent to Find the City of Midway Amendments Not in Compliance filed.
PDF:
Date: 04/14/2009
Proceedings: Statement of Intent to Find Comprehensive Plan Amendment Not in Compliance filed.
PDF:
Date: 04/14/2009
Proceedings: Department of Community Affairs` Petition for Formal Administrative Hearing filed.

Case Information

Judge:
BRAM D. E. CANTER
Date Filed:
04/14/2009
Date Assignment:
04/14/2009
Last Docket Entry:
01/05/2011
Location:
Midway, Florida
District:
Northern
Agency:
Other
Suffix:
GM
 

Counsels

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Related Florida Statute(s) (3):