HomeMy WebLinkAbout12-26-2006 Highlands v. m City of Winter SpringsRECEIVED
DEC 2 9 2006
BROWN, GARGANESE, WEIS � T& DN;���TA,
.Aaorngs at T "CE OF THE CITY CLERK
Debra S. Babb-Nutcher°
Joseph E. Blitch
Usher L. Brown
Suzanne D'Agresta°
Anthony A. Garganese°
J.W. Taylor
Jeffrey S. Weiss
•Board Certified Civil Trial Lawyer
'Board Certified City, County & Local Government Law
Ron McLemore, City Manager
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708
Offices in Orlando, Kissimmee, Cocoa,
Ft. Lauderdale & Tampa
December 26, 2006
Re: Highlands v. City of Winter Springs
Our File No. 315-045
Dear Mr. McLemore:
RECEIVED
M. 2 8 2006
CITY OF WINTER SPRINGS
City Manager
Vivian Cocotas
Michael O'Brien Colgan
Scott J. Dornstein
Mitchell B. Haller
Katherine W. Latorre
Amy J. Pitsch
Erin J. O'Leary
Catherine D. Reischmann
William E. Reischmann, Jr.
Of Counsel
C C ' m0 )�r,nrr)
This is to update you as to what is going on in this case. As you know, we had the
final hearing before the administrative law judge on November 29, 2006. The judge
ordered that the parties have their proposed recommended orders to him within ten days
of the date the transcript was filed. The transcript was filed on December 5, 2006 and,
therefore, every party's proposed recommended order had to be into the judge by
December 15. The Department of Community Affairs, the City and the developer agreed
to prepare a joint proposed recommended order, and our proposed order was timely
submitted on December 14, 2006. However, Petitioner submitted a final order (not a
proposed recommended order) and written closing argument (which is not what the judge
asked for), and did not file the documents until December 18, 2006. The City, the
developer and DCA have filed motions to strike Petitioner's attempted proposed
recommended order due to it being untimely filed.
The judge had indicated that he desired to make a decision within 10 to 15 days
after the proposed recommended orders were submitted. Hopefully, we will get a
recommended order from the judge late this week or early next week. Based on the
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.orlandolaw.net - Email: firm@orlandolaw.net
Ron McLemore, City Manager
December 26, 2006
Page Two
documents filed by the Petitioner and the conclusory, poorly cited arguments made by
Petitioner, we believe the City, DCA and the developer have made a very strong case and
that Petitioner's case has shown to be extremely weak.
I will keep you apprised as to the status of the recommended order.
Zery truly yours,
Debra S. Babb-Nutcher
DSBN/ss