City of Tampa v. Liberty Hospitality Management, LLC
After the Tampa City Council denied Liberty's site-specific rezoning request following a quasi-judicial hearing, the circuit court sua sponte dismissed Liberty's certiorari petition, reasoning that separation of powers barred a municipal legislative body from exercising quasi-judicial power and barred circuit court supervisory review. The Second District granted the City's mandamus petition, holding that article II, section 3's separation of powers clause does not apply to local governments, that a city council's quasi-judicial rezoning decision is authorized under article VIII, section 2(b) home rule powers, and that such decisions are reviewable by circuit court certiorari.
Key facts
- Liberty Hospitality Management sought site-specific rezoning from the Tampa City Council, which held a quasi-judicial hearing and denied the request.
- Liberty filed a certiorari petition in circuit court; the circuit court sua sponte dismissed the petition, reasoning that separation of powers barred the City Council from exercising quasi-judicial power and barred circuit court review.
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Why it matters
This decision forecloses a novel separation-of-powers attack on municipal quasi-judicial land use decisions that, if left standing, would have upended the certiorari review framework for rezoning and development orders… — full analysis with a trial
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