Resolution 567-1989
Monroe County Commission
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A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA, ACCEPTING AND ADOPTING
THE FINDINGS OF FACT, CONCLUSION OF LAW, AND
RECOM~1ENDED ORDER CONCERNING THE VESTED RIGHTS
HEARING OF LIBERTY LAND CORPORATION
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". Wherea~:. on July 18, 1989 a public hear Ing was held in Key
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L_ We~t, Monro;- County, Florida, concl~rning the vested right claim of
Liberty Land CorporatiC'n; and
~herea,::!., pursuant to section 9.5 -183 of the MonToe County Code
of Ordinances, sworn testimony and evidence were taken from those
present at this public hearing; and
Wh~.!~al?" in accordance with the requirements of section 9.5-182
(b)(3) of the Monroe CC'unty Code of Ordinances, Hearing Officer John E.
Bigler, Jr., has entered findings of fact, conclusions of law, and a
recommended order resolvIng this vested right claim by Liberty Land
Corporation; and
W.h~re,~~, the Board of Commissioners of Nonrol' County, Florida,
now desires to adopt saId fIndings of fact, conclusions of law, and
Tflcc'mmended order concerning Liberty Land Corponttiou; now, therefore,
BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF MONROE COUNTY,
FLORIDA, that the board hereby adopts, pursuant to section 9.5-182
(b)(5) of the Monroe County Code of Ordinances the said findings of
fact, conclusions of law, and recommended order entered by Hearing
Officer John E. Bigler, Jr., resolving the vested right. claim of
Liberty Land Corporation, a copy of which is at.tached and made part of
this resolution.
PASSED AND ADOPTED by t.hB Board of Commissioners of Honroe County,
Florida, at a regular meet~ng of the board held on the 10th day of
O~tober, A.D. 1989.
BOARD OF COUNTY COMMISSION"ERS
OF NONROE COUNTY, FLORIDA
ny, //JI..:M4I/J
(SEAL)
Attest: DANNX L KOLHAGE, Clerk
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BY
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In the Matter of
STATE OF FLORIDA
Vested Rights Application of
COUNTY OF MONROE
LIBERTY LAND CORP.
VESTED RIGHTS HEARING
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FINDINGS OF FACT AND FINAL ORDER
THIS MATTER came on for public hearing on July 18, 1989,
pursuant to the requirements of Sec. 9.5-182(b) (3) of the Monroe
County Code. The County appeared and was present for the scheduled
hearing, by and through its Assistant County Attorney, Mark Graham
Hanson. No appearance was made on behalf of the applicant. The
County, through its attorney, Mr. Hanson, and through its Planning
Official, Howard Tupper, who was also present, testified that the
County had published and advertised a legal notice of the hearing,
as required by law, and that the County had given the applicant
written and oral notice of the scheduled hearing. After waiting
in the hearing room for over one hour, and having no appearance
made by, or communication received from, the applicant, the Hearing
Officer concluded the hearing. The hearing was open to the public;
two members of the public were present, sworn and gave testimony
in opposition to this application.
Having considered the effect of the applicant's failure to
appear at the scheduled public hearing and having reviewed the
record in this proceeding, this Hearing Officer rules that the
applicant is considered to have abandoned its application, and this
application is therefore dismissed.
The County has not adopted specific rules of procedure for the
conduct of hearings on vested rights applications and thus, under
Fla. Stat. Sec. 120.54(10), the appropriate model rules of
procedure promulgated by the Administration Commission of the State
of Florida shall govern and serve as the rules of procedure for th~
conduct of such hearings. The model rules of procedure issued by
the Administration Commission are set out in Chapter 28 of the
Florida Administrative Code. Rule 28-5.211(1), FAC, provides that
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PLANNING DEPT.
LAND US~f. IVISION
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"[t]he failiure or refusal of a party to comply with any lawful
order may be cause for dismissing the petition, or for entry of a
defaul t order." Although no formal order was entered directing the
applicant to appear at the scheduled hearing, this Hearing Officer
is of the opinion that failure to appear at the hearing does
constitute grounds for a default or dismissal. This is consistent
with the provision of Sec. 9.5-183 of the Monroe County Code, that
the applicant has the burden of proof.
For the foregoing reasons, it is hereby ORDERED and ADJUDGED
that the applicant, LIBERY LAND CORP., by failing to appear at the
public hearing scheduled upon its appication for a determination
of vested rights, has abandoned its application and that its
application is dismissed.
DONE AND ORDERED at Key West, Monroe County, Florida, this
17th day of August, 1989.
~~e~t.
JO E. BIGLER, JR.
Hearing Officer
copies to:
Mark Graham Hanson
Assistant County Attorney
310 Fleming Street
Key West, FL 33040
Howard Tupper
Planning Official
Public Service Building
Stock Island, FL 33040
Finley o. Richard, President
Liberty Land Corp.
Route 1, Box 581
Big pine Key, FL 33043
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