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Home / Complaints / Final Orders / Final Orders 2011 / FCHR Order No. 11-070

FCHR Order No. 11-070

Date of Release: 08/30/2011

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

JOHN ZIOLKOWSKI

HUD Case No. 04-10-1316-8

Petitioner

FCHR Case No. 2010H0324

 

DOAH Case No. 10-9509

v.

 

PARK SHORE LANDING CONDOMINIUM

ASSOCIATION, ET AL.

FCHR Order No. 11-070

Respondent

 

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM A DISCRIMINATORY HOUSING PRACTICE

This matter is before the Commission for consideration of the Supplemental Recommended Order of Dismissal on Remand, dated June 29, 2011, issued in the above-styled matter by Administrative Law Judge Elizabeth W. McArthur.

Findings of Fact and Conclusions of Law

Judge McArthur’s Supplemental Recommended Order of Dismissal on Remand reflects that Petitioner failed to appear at the scheduled administrative hearing in the matter.

Commission panels have concluded that when a Petitioner fails to appear at the scheduled administrative hearing in their case, they fail to meet their burden of proof, and the Petition for Relief should be dismissed. See, e.g., Patterson v. Panama City Housing Authority, FCHR Order

No. 11-001 (January 13, 2011), Crump v. The Majestic Tower at Bal Harbour, FCHR Order No. 10-072 (September 21, 2010), Bermudez v. Lake County Housing Authority, FCHR Order No. 10-041 (April 27, 2010), Cowden v. Difiglio, et al., FCHR Order No. 09-115 (December 14, 2009), Scott v. Two Men and a Truck, FCHR Order No. 09-009 (January 27, 2009), Enzor v. Sandco, Inc., FCHR Order No. 08-048 (July 29, 2008), Rodriguez v. Center Point Health and Rehab, FCHR Order No. 08-001 (January 14, 2008), West v. Sembler Corporation, d/b/a Bay Walk, FCHR Order No. 07-037 (June 15, 2007), Martinez v. KJC Enterprises, d/b/a Plantation Island Resort, FCHR Order No. 07-028 (April 20, 2007), Chaney, et al. v. Robert Buckner &

Associates, FCHR Order No. 06-092 (November 13, 2006), and Prek v. Workforce Central Florida, FCHR Order No. 06-079 (September 18, 2006).

We note that Judge McArthur also found that Petitioner failed to comply with the Order of Pre-Hearing Instructions issued in this matter. See Supplemental Recommended Order of Dismissal on Remand, ¶ 13.

We adopt the Administrative Law Judge’s finding as to the nonappearance of Petitioner and conclude that Petitioner has failed to carry his burden of proof.

FCHR Order No. 11-070

Page 2

Exceptions

None of the parties filed exceptions to the Administrative Law Judge’s Supplemental Recommended Order of Dismissal on Remand.

Dismissal

The Petition for Relief and Housing Discrimination Complaint are DISMISSED with prejudice.

The parties have the right to seek judicial review of this Order. The Commission and the appropriate District Court of Appeal must receive notice of appeal within 30 days of the date this Order is filed with the Clerk of the Commission. Explanation of the right of appeal is found in Section 120.68, Florida Statutes, and in the Florida Rules of Appellate Procedure 9.110.

DONE AND ORDERED this 30th day of August , 2011.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Donna Elam, Panel Chairperson;

Commissioner Elena Flom; and

Commissioner Lizzette Romano

Filed this 30th day of August , 2011,

in Tallahassee, Florida.

/s/

Violet Crawford, Clerk

Commission on Human Relations

2009 Apalachee Parkway, Suite 100

Tallahassee, FL 32301

(850) 488-7082

Copies furnished to:

John Ziolkowski

333 West 57th Street, Apartment 807

New York, NY 10019

FCHR Order No. 11-070

Page 3

Park Shore Landing Condominium Association, et al.

c/o James K. Parker, Esq.

c/o Joseph G. Riopelle, Esq.

Boyd, Richards, Parker and Colonnelli, P.L.

400 North Ashley Drive, Suite 1150

Tampa, FL 33602

Elizabeth W. McArthur, Administrative Law Judge, DOAH

James Mallue, Legal Advisor for Commission Panel

I HEREBY CERTIFY that a copy of the foregoing has been mailed to the above listed addressees this 30th day of August , 2011.

By: /s/

Clerk of the Commission

Florida Commission on Human Relations