Resolution 685-1988
Monroe County Commission
RESOLUTION NO. 685-1988
A RESOLUTION OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, ACCEPTING
AN~ ADOPTING THE REPORT AND ORDER CONCERNING
~ ~ ~,THJ VESTED RIGHTS HEARING OF JAY GLYNN.
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~~ ~E~~~ on October 3, 1988, a vested rights hearing was
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~e1d~n ~~West, Monroe County, Florida, concerning Jay Glynn,
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WHEREAS, in accordance with said hearing, John E. Bigler,
Jr., Hearing Officer for Monroe County, Florida, entered a
Report and Order concerning said Jay Glynn, and
WHEREAS, the Board of County Commissioners of Monroe County,
Florida, now desires to accept and adopt said Report and Order
concerning said Jay Glynn, now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
1. The Board hereby accepts and adopts, pursuant to Section
8-302(b)(S) of the Florida Keys Comprehensive Plan's Land
Development Regulations, the said Report and Order entered by
John E. Bigler, Jr., Hearing Officer, concerning Jay Glynn, a
copy of which is attached hereto and made a part hereof.
2. That the Clerk of the Board is hereby directed to
forward a certified copy of this Resolution to the Department of
Community Affairs, P.O. Box 990, Key West, Florida 33041.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 20th day of December, A.D. 1988.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY'~~~
MA YO 1AN
(SEAL)
Attest: DANNY' L. KOLHAGE, ~lerk
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APPROVED AS TO FORM
ANDLEGALSUFAC~NCY.
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, , Attornev!) Office
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STATE OF FLORIDA
COUNTY OF MONROE
VESTED RIGHTS HEARING
JAY GLYNN,
Petitioner
vs.
MONROE COUNTY,
Respondent.
/
REPORT AND ORDER
THIS MATTER came on for public hearing, on October 3,
1988, pursuant to the requirements of Section 9.5-182(b)(3)
of the Monroe County Code. The Respondent, MONROE 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 Petitioner, JAY
GLYNN.
The County, through its attorney Mr. Hanson and
through its planner, Ruth Grover, who was also present,
informed this Hearing Officer that the County had published
and advertised a legal notice of the hearing, as required by
law, that the County had given Mr. Glynn written and oral
notice of the scheduled hearing, and that Mr. Glynn, through
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his attorney, had orally indicated to Mr. Hanson and Ms.
Grover that he (Mr. Glynn) would not appear for the
scheduled hearing and that he did not intend to continue to
pursue his application for a determination of vested rights.
After waiting in the hearing room for one half hour, and
having no appearance made by, or communication from, the
Petitioner, the Hearing Officer adjourned the hearing. The
hearing was open to the public but no one appeared.
Having considered the effect
of the Petitioner's
failure to appear at the scheduled public hearing, and
having reviewed the record in this proceeding, this H~~~
Officer is of the opinion that, the p~~~~r\ ~
considered to have abandoned his application, an~\~ha~~~~~~Q~
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61
application should therefore be deemed withdrawn.
The County has not adopted specific rules of procedure
for the conduct of hearings on vested rights applications,
and thus, under Fla. stat. 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 the 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
lI{t)he failure or refusal of a party to comply with any
lawful order may be cause for dismissing the petition, or
for entry of a default order.1I Although no formal order was
entered, directing the Petitioner to appear at the scheduled
hearing, this Hearing Officer is of the opinion that failure
to appear at the hearing may nonetheless constitute grounds
for a default or dismissal.
This is consistent with the
provision in Section 9.5-183 of the Monroe County Code, in
that the applicant has the burden of proof.
For the foregoing reasons, it is hereby ORDERED and
ADJUDGED that the Petitioner, JAY GLYNN, by failing to
appear at the public hearing scheduled upon his application
for a determination of vested rights, has abandoned his
application, and that his application is deemed to have been
withdrawn and no further action or relief is warranted.
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DONE AND ORDERED
T~I
Florida, this / 'i :..aay of
at Key West, in Monroe
County,
November, 1988.
~ (A~ I
JOH E. BIGLER, JR
He ring Officer
Copies to:
,,;If
Richard H.M.
Hall & Swann
2801 Ponce de
Suite 650
Coral Gables, FL
Leon Blvd.
Randy Ludacer, Esq.
310 Fleming Street
Key West, FL 33040
Swann
33134
.::, Ruth Grover
5825 Junior College ~,~S)
stock Island ~\~y
Key West, FL 330~~~~\
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Mark Graham Hanson
Assistant County Attorney
310 Fleming Street, Suite 29
Key West, FL 33040