Ybor Properties, LLC v. City of Tampa and Joseph Caldwell
On second-tier certiorari the Second District quashed the circuit court's order, holding the circuit court applied the wrong law by reweighing the evidence and combing the record for its own factual findings, and by improperly shifting the burden to Ybor Properties rather than the petitioner Caldwell. The court further held the circuit court committed a miscarriage of justice by failing to address Ybor's due process argument that the City Council ruled on an issue never raised in the petition and on which argument was precluded.
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