1992-09-23 Morell to DCA MICHAEL WM. MORELL
ATTORNEY AT LAW
310 WEST COLLEGE AVENUE
ADMINISTRATIVE AND GOVERNMENTAL LAW TALLAHASSEE, FLORIDA 32301-1406 ALSO ADMITTED IN THE
ENVIRONMENTAL AND LAND USE LAW DISTRICT OF COLUMBIA
(904) 425-6300
(904) 425.6301 FACSIMILE
September 23, 1992
VIA FACSIMILE TRANSMISSION 904/922-2679 and U.S. Mail
Karen Brodeen
Assistant General Counsel
Florida Department of Community Affairs
2740 Centerview Drive
Tallahassee, FL 32399-2100
Re: City of Okeechobee v. DCA, Respondent, and Okeechobee
County, Intervenor, DOAH Case No. 92-4909GM; Shirley
Pinder v. DCA and Okeechobee County, DOAH Case No. 92-
4910GM; and Florida Manufactured Housing Association,
Inc. , and Ted Kelchner v. DCA, Respondent, and Okeechobee
County, Intervenor, DOAH Case No. 92-4911GM.
Dear Karen:
The purpose of this letter is to request that the Department
file a Notice of Withdrawal of the Department's Motion to Dismiss
the City of Okeechobee which you filed in the above-referenced Case
No. 92-4909GM.
On August 26, 1992, the Department filed a Motion to Dismiss
the City. On September 8, 1992, the City filed the City of
Okeechobee' s Response in Opposition to DCA's Motion to Dismiss
(Response) and the City of Okeechobee's Motion for Entry of An
Order Striking the DCA's Motion to Dismiss or Requiring the
Department to Withdraw or Amend Its Motion Under Pain of Additional
Sanctions Including Attorney' s Fees (Motion for Sanctions) .
On September 9, 1992, the hearing officer scheduled and
conducted a telephone conference in the case. In addition to the
hearing officer, those in attendance at the conference were you
representing the Department, Laura McCall representing Okeechobee
County and myself representing the City.
It is my recollection that during the telephone conference you
withdrew the Department's Motion to Dismiss the City. It is my
further recollection that after you withdrew the Department 's
motion you asked the hearing officer if the Department would be
required to respond to the City's Motion for Sanctions . After
receiving your question the hearing officer asked me to respond.
I responded that although my client had been burdened as a result
of my having to prepare the City' s Response to the DCA' s Motion to
Dismiss and the City's Motion for Sanctions against the Department,
Karen Brodeen
September 23, 1992
Page Two
the hearing officer may not have authority to grant the City the
relief it requested in the Motion for Sanctions if the Department' s
Motion to Dismiss the City had been withdrawn.
On September 10, 1992, you returned my telephone call to your
office concerning the details of withdrawing the Department's
motion. During that telephone conversation I requested that the
Department file a notice of withdrawal of the motion to dismiss the
City. You responded that you did not think that the filing of the
notice of withdrawal would be necessary since you had arranged for
the hearing officer to include a reference in his order which
stated that the Department had withdrawn its motion to dismiss
during the telephone conference held on September 9, 1992 .
Subsequent to our telephone conversation on September 10th,
the hearing officer entered one order in the consolidated cases on
September 11, 1992 and another order on September 18, 1992 .
Neither order included the reference stating that the Department
had withdrawn its motion to dismiss the City.
Therefore, in keeping with the stipulations you and I made
during the telephone conference with the hearing officer on
September 9th and our subsequent telephone conversation on
September 10th, I must again request that you file a notice of
withdrawal of the Department's motion to dismiss the City.
I have prepared the enclosed draft a Notice of Withdrawal of
the Department's Motion to Dismiss the City of Okeechobee for the
Department' s consideration. I would appreciate it if you would
execute it on behalf of the Department and file it immediately with
the DOAH Clerk.
My client and I thank you for your time and consideration in
responding to this request.
With best personal regards, I am
Sincerely,
Liad16114/02
Michael Wm. Morell
MWM:mm
Enclosure