Islamorada, Village of Islands and MM82.790 LLC v. Mary Barley Family Trust and Prinston LLC
The Third District denied a second-tier certiorari petition by the Village of Islamorada and a private property owner seeking to reinstate the Village's grant of a road abandonment application for a 200-foot strip of former right-of-way. The circuit court had quashed the Village's decision on the ground that the Village failed to properly consider whether neighboring objectors qualified as 'affected property owners' under a Village ordinance requiring unanimous consent of all affected property owners before an abandonment can be granted.
Key facts
- MM82.790 LLC operates a retail store on property at 82800 Overseas Highway in Islamorada; its property fronts on a 200-foot-long, 20-foot-wide former public right-of-way historically known as Orange Street.
- Village zoning professionals recommended granting the abandonment application; neighboring property owners Mary Barley Family Trust and Prinston LLC objected, asserting they owned property with addresses within 50 feet of the Applicant's parcel.
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Holdings
- Second-tier certiorari review is limited to whether the circuit court afforded procedural due process and applied the correct law; it does not provide a second appeal and review must become…
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