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HomeMy WebLinkAbout09-13-2006 Highlands v. City of Winter SpringsBROWN, GARGANESE, WEISS & UAGRESTA, P.A. Attorneys at Law Debra S. Babb-Nutcher° Offices in Orlando, Kissimmee, Cocoa, Scott J. Dornstein Joseph E. Blitch Ft. Lauderdale & Tampa Mitchell B. Haller Usher L. Brown' Katherine W. Latorre Amy J. Pitsch Suzanne D'Agresta° — Anthony A. Garganese° J.W. Taylor Erin J. O'Leary Jeffrey S. Weiss Catherine D. Reischmann William E. Reischmann, Jr. Of Counsel 'Board Certified Civil Trial Lawyer 'Board Certified City, County & Local Government Law September 13, 2006 Mr. Ron McLemore, City Manager Mr. Brian Fields - Ms. Andrea Lorenzo-Luaces Ms. Eloise Sahlstrom City of Winter Springs 1126 East State Road 434 Winter Springs, FL 32708 Re: Highlands v. City of Winter Springs Our File No. 315-045 Dear Ron, Brian, Andrea and Eloise: Enclosed is a copy of Court's Amended Notice of Hearing which I have enclosed a copy for each of you. Brian, at this time, we will only need for you to appear as a witness. If you have any questions, please do not hesitate to contact me. Ve truly yours, Debra S. Babb-Nutcher DSBN/ss Enclosure 225 East Robinson Street, Suite 660 • P.O. Box 2873 • Orlando, Florida 32802 2873 Orlando (407) 425-9566 Fax (407) 425-9596 • Kissimmee (321) 402-0144 • Cocoa (866) 425-9566 • Ft. Lauderdale (954) 670-1979 Website: www.oriandolaW.net • Email: firm@orlandolaw.net STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS HIGHLANDS HOMEOWNERS' ) ASSOCIATION, ) Petitioner, ) VS. ) CITY OF WINTER SPRINGS and ) DEPARTMENT OF COMMUNITY ) AFFAIRS, ) Respondents, ) and ) KEEWIN REAL PROPERTY COMPANY, ) LLC, ) Intervenor. ) Case No. 06-3946GM *AMENDED AS TO DATES OF HEARING AND ROOM LOCATION ONLY *AMENDED NOTICE OF HEARING A hearing will be held in this case at the City Hall, Council Chambers, 1126 East State Road 434, Winter Springs, Florida, on Wednesday, November 29, 2006, at 9:30 a.m., or as soon thereafter as can be heard. November 30, 2006, is also reserved if necessary. Continuances will be granted only by order of the Administrative Law Judge for good cause shown. All provisions of the first Order of Pre -Hearing Instructions shall remain in full force and effect, except the parties shall meet 15 days before the final hearing and file their prehearing stipulation by Monday, October 27, 2006. ISSUE: Whether the plan amendment adopted by the City by Ordinance No. 2005-29 on June 12, 2006, is in compliance. AUTHORITY: Chapter 12.0, Florida Statutes; and Chapter 28-106, Parts I and II, Florida Administrative Code. The parties shall arrange to have all witnesses and evidence present at the time and place of hearing. Subpoenas will be issued by the Administrative Law Judge upon request of the parties. All subpoenas previously issued shall remain in full force and effect as to any witness who is provided with a copy of this Notice. All parties have the right to present oral argument and to cross-examine opposing witnesses. All parties have the right to be represented by counsel or other qualified representative, in accordance with Rule 28-106.106, Florida Administrative Code. Failure to appear at this hearing may be grounds for entry of an order of dismissal. The Agency shall be responsible for making arrangements for the court reporter. November 1, 2006 DONALD R. ALEXANDER Administrative Law Judge Division of Administrative Hearings The Desoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us COPIES FURNISHED: Leslie E. Bryson, Esquire Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Anthony A. Garganese, Esquire Brown, Ward, Salzman & Weiss, P.A. Two Landmark Center, Suite 660 225 East Robinson Street Orlando, Florida 32801-4322 Russell E. Klemm, Esquire Clayton & McCulloh 1065 Maitland Center Commons Boulevard Maitland, Florida 32751-7437 2 M. Rebecca Furman, Esquire Lowndes Drosdick Doster Kantor & Reed, P.A. Post Office Box 2809 Orlando, Florida 32802-2809 In accordance with the Americans with Disabilities Act, needing a special accommodation to participate in this proceeding should contact the Judge's secretary no late seven days prior to the hearing. The Judge's secretary contacted at the address or telephone numbers above, via 955-8771 (TDD), or 1-800-955-8770 (Voice) Florida Relay 9 persons r than may be 1-800- Service.