1992-09-08 City's Response to of DCA's M.Consolidate M. —?1
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
CITY OF OKEECHOBEE, )
)
Petitioner, )
)
vs . ) DOAH Case No. 92-4909GM
)
) DCA Docket
No. 91-NOI-4701-( I)
)
DEPARTMENT OF COMMUNITY AFFAIRS, )
)
Respondent. )
)
CITY OF OKEECHOBEE's RESPONSE IN OPPOSITION
TO DCA's MOTION TO CONSOLIDATE
Petitioner City of Okeechobee ( "City" ) , by and through its
undersigned attorneys, and pursuant to Rules 22I-6 . 016, Florida
Administrative Code, hereby adopts as its own response to the
Department of Community Affairs ' ( "DCA" or "Department" ) motion to
consolidate filed in the above-referenced case, the following
specified portions of paragraphs from the response to the
Department' s motion to consolidate which was filed by Petitioners
Florida Manufactured Housing Association, Inc. ( "FMHA" ) and Ted
Kelchner ( "Kelchner" ) in the above-referenced case No. 92-4909GM on
September 4, 1992 : all of ¶1, all sentences in T2 except the last
sentence, all of 113, all of ¶4, all of n5, all of ¶6, all of T7
except for the phrase "and the incorporation or adoption of an
interlocal agreement regarding sewer and water" , all of T8 except
for the phrase "but may raise the public participation issues set
forth in the City of Okeechobee Petition in an amended petition",
and all of T9 . FMHA and Kelchner are petitioners in the case of
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Florida Manufactured Housing Association, Inc. and Ted Kelchner vs .
Department of Community Affairs, DOAH Case No. 92-4911GM. The City
hereby incorporates by reference into its response, the above-
specified portions of paragraphs from the response filed by FMHA
and Kelchner in the above-referenced case on September 4 , 1992 .
WHEREFORE, the City of Okeechobee does hereby oppose the
consolidation of the above-referenced case and recommends that the
hearing officer enter an order denying the Department of Community
Affair' s Motion to Consolidate, or in the alternative to enter an
order which consolidates for purposes of hearing the testimony and
evidence of Okeechobee County at hearing in Okeechobee County, if
and when Okeechobee County becomes a party to the above-referenced
case, while leaving for later hearing in the individual case in
Tallahassee, and also leaving for subsequent post-hearing
submission, non-consolidated, proposed recommended orders .
Respectfully submitted on
September k 1992 by:
alkd4k9 liJlt.4u,Q
Michael Wm. Morell
Attorney at Law
310 West College Avenue
Tallahassee, Florida 32301-1406
(904 ) 425-8300
and
John R. Cook
City Attorney
City of Okeechobee
202 N.W. 5th Avenue
Okeechobee, Florida 34972
(813) 467-0297
Attorneys for City of Okeechobee
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A • 4
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the above and foregoing has
delivered by hand delivery to Karen Brodeen, Assistant General
Counsel, Department of Community Affairs, 2740 Centerview Drive,
Tallahassee, Florida, 32399-2100 and by U.S. Mail to John D.
Cassels, Jr. , County Attorney, Okeechobee County, 400 N.W. Second
Street, P.O. Box 968, Okeechobee, FL 34973; David D. Eastman, P.O.
Box 669, Tallahassee, FL 32302; and Rob rt V. Kennedy, 200 N.E. 4th
Avenue, Okeechobee, FL 34972, on this 8 day of September, 1992 .
I ^
Michael Wm. Morell
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