City of Homestead v. United States of America
The City of Homestead and property-owner trustees sought prohibition to stop the circuit court's appellate division from entertaining the United States' certiorari petition challenging a City resolution approving a Bert J. Harris, Jr., Private Property Rights Protection Act settlement agreement. The Third District held that a settlement resolving a Harris Act claim is a quasi-legislative act, not quasi-judicial, so it is not reviewable by certiorari; the only avenue is an original circuit court action for declaratory or injunctive relief. The court granted the writ of prohibition.
Key facts
- The City of Homestead and property-owner trustees sought a writ of prohibition to prevent the circuit court's appellate division from entertaining the United States' certiorari petition challenging a City resolution approving a settlement agreement under the Bert J. Harris, Jr., Private Property Rights Protection Act.
- The circuit court's appellate division was considering whether it had certiorari jurisdiction to review the City's settlement resolution arising from a Harris Act claim.
- +2 more key facts with a free trial
Why it matters
This opinion gives land use and government litigators a clear rule on how to challenge (and how to defend) a Bert Harris Act settlement resolution: certiorari to the circuit court appellate division is unavailable… — full analysis with a trial
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