City of Miami Beach v. Beach Blitz, Co.
The Third District granted second-tier certiorari and quashed an unelaborated circuit court appellate division order that summarily dismissed the City's first-tier certiorari petition from a Board of Adjustment zoning determination. The court held that dismissing a first-tier petition without engaging in the required three-prong review (due process, essential requirements of law, competent substantial evidence) is a departure from the essential requirements of law. The court declined to reach the merits of the underlying nonconforming-use dispute, which would usurp the circuit court's first-tier jurisdiction.
Key facts
- City of Miami Beach petitioned for first-tier certiorari review in circuit court challenging a Board of Adjustment zoning determination regarding nonconforming use.
- The circuit court appellate division summarily dismissed the City's first-tier certiorari petition without addressing the required three-prong review of procedural due process, essential requirements of law, and competent substantial evidence.
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Why it matters
This gives counsel a clean, citable rule for attacking summary or unelaborated dismissals of first-tier certiorari petitions in circuit court appellate divisions — a common and otherwise hard-to-review disposition. It… — full analysis with a trial
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