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.