1992-08-26 Morell to Jennings 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 26, 1992
VIA FACSIMILE TRANSMISSION (813/467-6219) and U.S. Mail
Lester W. Jennings
Attorney at Law
Post Office Box 237
Okeechobee, Florida
Re: DCA v. City of Okeechobee et al. , DOAH Case No. 91-5962GM
Dear Lester:
I am writing to confirm the details of our telephone
conversation today and my previous conversations with DCA Assistant
General Counsel Karen Brodeen regarding the agreement of the
parties in the above-referenced case on how to close out the
matter.
During our conversation today you stated that you would
prepare, sign and mail to me two original voluntary notices of
dismissal on behalf of your clients who filed petitions to
intervene in the above-referenced case: one notice would be for you
and your wife Ellen and the other would be for William 0. Shumpert,
Rex Butler, Mary Wilson, C.E. Cantrell, Evelyn Davies, Frank
Altobello and Ethel Altobello.
When I receive the original notices, I will see that an
original and one copy of each voluntary notice of dismissal are
filed with the DOAH clerk immediately before DCA files a request
with the hearing officer requesting that DOAH relinquish
jurisdiction and/or dismiss the case as to both the Department and
the intervenors . I will obtain date stamped copies of the notices
of dismissal and will mail them to you for your files .
By copy of this letter to DCA Assistant General Counsel
Brodeen, I am requesting that when she files the Department ' s
request to relinquish jurisdiction and/or dismiss the case, that
she ask the hearing officer to recognize and incorporate by
reference in his order of relinquishment/dismissal, both the
Department' s notice of intent to find the amendments in compliance
and the two notices of voluntary dismissal filed on behalf of your
clients.
. ..
Jennings, Esquire
August 26, 1992
Page Two
Pursuant to Part I, Paragraph 22 a. of the Stipulated
Settlement Agreement entered into by the City and DCA, the
Department will then request that the Administration Commission,
through its Secretary, enter a final order dismissing the Lester
proceeding and finding the City' s plan, as amended, in compliance.
If I have misunderstood or misstated the facts of our
telephone conversation today or my previous conversations with DCA
Assistant General Counsel Brodeen on this matter, I would
appreciate if you and/or her would please call me immediately.
Lester, thank you for your assistance in this matter. The
City appreciates the consideration that you and your clients have
shown the City throughout this matter.
With best personal regards, I am
Sincerely,
a
Michael Wm. Morell
MWM:mm
cc. Karen Brodeen, DCA Assistant General Counsel (via facsimile and
U.S. Mail)
John Cook, City Attorney (via U.S. Mail)
John Drago, City Administrator (via U.S. Mail)