128 So. 3d 19
Fla. Dist. Ct. App.2012Background
- Village of Palmetto Bay petitions for certiorari review of an appellate division order enforcing its mandate in Palmer Trinity Private School, Inc. v. Village of Palmetto Bay.
- Parties agree this is a 'first tier' certiorari review of a circuit court appellate division order.
- Palmer Trinity challenged a zoning resolution with a 900-student cap and a 30-year development moratorium; the cap was not part of the staff recommendation and was added at the hearing.
- The circuit court appellate division struck the 900-student cap, affirming Palmer Trinity’s entitlement to a 1150-student special exception; Palmetto Bay sought to enforce the mandate on remand.
- Palmetto Bay subsequently attempted to implement the mandate through further proceedings, but Palmer Trinity sought enforcement of the circuit court’s mandate.
- December 22, 2011 order under review enforced the mandate, directing Palmetto Bay to remove the cap and not to take actions inconsistent with full 1150 approval.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 900-student cap is supported by competent substantial evidence. | Palmer Trinity: cap lacks competent substantial evidence and departs from law. | Palmetto Bay: evidence supports the cap as a condition. | Cap not supported; quashed; remanded. |
| Whether the circuit court's enforcement of its mandate was proper. | Palmer Trinity sought enforcement to ensure 1150 approval without cap. | Palmetto Bay contends enforcement would overstep actionable limits. | Enforcement proper; order affirmed. |
Key Cases Cited
- Allstate Ins. Co. v. Kaklamanos, 843 So.2d 885 (Fla.2003) (departure from essential requirements of law requires miscarriage of justice)
- Ivey v. Allstate Ins. Co., 774 So.2d 679 (Fla.2000) (standard for certiorari involves more than legal error)
- Jones v. State, 477 So.2d 566 (Fla.1985) (departure from essential requirements denotes illegality or miscarriage of justice)
- Haines City Cmty. Dev. v. Heggs, 658 So.2d 523 (Fla.1995) (restating the essential requirements standard for certiorari)
- Jesus Fellowship v. Miami-Dade County, 752 So.2d 708 (Fla.3d DCA 2000) (burden-shifting framework for special exceptions; competent substantial evidence required)
- Irvine v. Duval Cnty. Planning Comm’n, 495 So.2d 167 (Fla.1986) (once initial burden met, planning commission must show evidence to deny)