1992-08-31 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) 425-8300
(904) 425-8301 FACSIMILE
August 31, 1992
VIA FACSIMILE TRANSMISSION 904/922-2679 and U.S. MAIL
Karen Brodeen
Assistant General Counsel
Department of Community Affairs
2740 Centerview Drive
Tallahassee, Florida 32399
Re: DCA v. City of Okeechobee et al . , DOAH Case No. 91-
5962GM; DCA Docket No. 90-NOI-4702- (N) ;
Dear Karen:
Enclosed please find a copy of the Notice of Voluntary
Dismissal (with prejudice) prepared and executed by counsel for the
intervenors in the above-referenced case. The original of the
notice arrived at my office today and is in my files . I will file
the original and one copy of the notice with DOAH immediately prior
to the Department's filing of the agreed upon motion to relinquish
jurisdicition and/or to dismiss the case.
Pursuant to the Stipulated Settlement Agreement entered into
between the City and the Department, and previous conversations
between counsel for the parties which have been memorialized in my
August 26, 1992 correspondence to Lester Jennings and you, please
prepare the motion to relinquish jurisdiction and/or dismiss the
above-referenced case as to the Department and the intervenors .
On behalf of my client, the City of Okeechobee, you are
authorized to represent in the motion that the City joins in the
motion. However, the City would appreciate the opportunity to
review the motion before it is filed.
The City would also appreciate it if in the motion, the
Department' s prayer for relief include a request that the hearing
officer' s order of relinquishment and/or dismissal incorporate by
reference the Notice of Voluntary Dismissal (with prejudice) .
Please fax me a copy of the Department's motion as soon as you
have prepared it. I will then immediately review it and get back
with you to coordinate the details of filing the notice and motion.
I would be willing to personally pick up the original and one copy
of the Department' s motion and file it with DOAH so that I might
file the Notice of Voluntary Dismissals immediately prior. I will
x •
Karen Brodeen
August 31, 1992
Page Two
provide you and Lester Jennings with date stamped copies of
everything for your respective files .
If I have misunderstood or misrepresented our previous
conversations concerning the filing of the notice and motion,
please contact me immediately.
Karen, thank you for your assistance in this matter. The City
appreciates the courtesy and consideration that the Department has
shown the City and intervenors throughout these proceedings .
With best personal regards, I am
Sincerely,
14AlictOotkiitALU
Michael Wm. Morell
Counsel for Respondent City of
Okeechobee
MWM:mm
Enclosures
cc. Lester Jennings, Esquire
John Cook, City Attorney
John Drago, City Administrator