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13-002952GM New Testament Baptist Church, Incorporated Of Miami, Florida vs. Town Of Southwest Ranches
 Status: Closed
Recommended Order on Friday, September 20, 2013.

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Summary: It is recommended that the petition for hearing be dismissed because it was untimely filed.

1STATE OF FLORIDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8NEW TESTAMENT BAPTIST CHURCH,

12INCORPORATED OF MIAMI, FLORIDA ,

16Petitioner ,

17vs. Case No. 13 - 2952GM

23TOWN OF SOUTHWEST RANCHES ,

27Respondent .

29/

30RECOMMEN DED ORDER OF DISMISSAL

35This cause came before the Administrative Law Judge on

44RespondentÓs Motion to Dismiss in which Respondent contends that

53the petition for hearing was untimely filed. A response in

63opposition to the motion was filed by Petitioner.

71Petitioner argues that its petition is timely, citing a rule

81of civil procedure and a case that addresses the rendition of

92development orders. This case is not governed by the cited rule

103and does not involve a development order. The filing of a

114petition to challenge a comprehensive plan amendment is governed

123by section 163.3184(5)(a), Florida Statutes. That section states

131a petition must be filed Ðwithin 30 days after the local

142government adopts the amendment.Ñ The date of adoption is the

152date of the se cond public hearing. See § 163.3184(3)(c), Fla.

163Stat. (2013). Petitioner did not file its petition within 30

173days of the adoption of the amendment it wants to challenge.

184Therefore, it is

187RECOMMENDED that the Department of Economic Opportunity

194dismiss t he petition as untimely.

200DONE AND ENTERED this 20th day of September , 2013 , in

210Tallahassee, Leon County, Florida.

214S

215BRAM D. E. CANTER

219Administrative Law Judge

222Division of Administrative Hearings

226The DeSoto Building

2291230 A palachee Parkway

233Tallahassee, Florida 32399 - 3060

238(850) 488 - 9675

242Fax Filing (850) 921 - 6847

248www.doah.state.fl.us

249Filed with the Clerk of the

255Division of Administrative Hearings

259this 20th day of September , 2013 .

266COPIES FURNISHED:

268David B. Mankuta, Esquir e

273Fowler White Boggs

276Suite 500

2781200 East Las Olas Boulevard

283Fort Lauderdale, Florida 33301

287Michelle L. Klymko, Esquire

291Arnstein and Lehr, LLP

295Suite 1700

297200 East Las Olas Boulevard

302Fort Lauderdale, Florida 33301

306Robert N. Sechen, General Counsel

311De partment of Economic Opportunity

316Caldwell Building, MSC 110

320107 East Madison Street

324Tallahassee, Florida 32399 - 4128

329NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

335All parties have the right to submit written exceptions within

34515 days from the date of this Recomm ended Order. Any exceptions

357to this Recommended Order should be filed with the agency that

368will issue the Final Order in this case.

Dockets
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PDF
Date
Proceedings
PDF:
Date: 12/12/2013
Proceedings: Notice of Appeal filed.
PDF:
Date: 11/07/2013
Proceedings: Agency Final Order
PDF:
Date: 11/07/2013
Proceedings: Agency Final Order of Dismissal filed.
PDF:
Date: 10/08/2013
Proceedings: Notice.
PDF:
Date: 10/07/2013
Proceedings: New Testament Baptist Church's Exception to Recommended Order of Dismissal filed.
PDF:
Date: 10/07/2013
Proceedings: Petition to Intervene Administrative Hearing (filed by John Wirth, Sr.).
PDF:
Date: 10/04/2013
Proceedings: Petition to Intervene in Administrative Hearing (Julie Stickler) filed.
PDF:
Date: 10/04/2013
Proceedings: Petition to Intervene Administrative Hearing (Simone Bellmas) filed.
PDF:
Date: 10/04/2013
Proceedings: Petition to Intervene in Administrative Hearing (Odalis Morales) filed.
PDF:
Date: 09/20/2013
Proceedings: Recommended Order
PDF:
Date: 09/20/2013
Proceedings: Recommended Order of Dismissal. CASE CLOSED.
PDF:
Date: 09/18/2013
Proceedings: New Testament Baptist Church Incorporated of Miami, Florida's Response in Opposition to Repondent's Motion to Dismiss filed.
PDF:
Date: 09/16/2013
Proceedings: Order to Show Cause.
PDF:
Date: 09/05/2013
Proceedings: Respondent's Motion to Dismiss filed.
PDF:
Date: 09/05/2013
Proceedings: Respondent's Motion to Dismiss filed.
PDF:
Date: 08/23/2013
Proceedings: Notice of Appearance (Michelle Klymko) filed.
PDF:
Date: 08/20/2013
Proceedings: Petitioner's Response to Initial Order filed.
PDF:
Date: 08/13/2013
Proceedings: Initial Order.
PDF:
Date: 08/08/2013
Proceedings: Order Dismissing Petition for Writ of Certiorari and Directing Clerk to Transfer Case to General Civil Division (filed in the Seventeenth Judicial Circuit in and for Broward County, Florida).
PDF:
Date: 08/08/2013
Proceedings: Petition for Writ of Common Law Certiorari and Complaint for Declaratory Relief filed.
PDF:
Date: 08/08/2013
Proceedings: Ordinance No. 2013-006 filed.
PDF:
Date: 08/08/2013
Proceedings: Referral Letter filed.

Case Information

Judge:
BRAM D. E. CANTER
Date Filed:
08/08/2013
Date Assignment:
08/13/2013
Last Docket Entry:
12/12/2013
Location:
Tallahassee, Florida
District:
Northern
Agency:
ADOPTED IN TOTO
Suffix:
GM
 

Counsels

Related Florida Statute(s) (1):