Petitioner, Marca, S.A., appeals an order of the Circuit Court denying certiorari on an administrative order of the Dade County Board of County Commissioners in the exercise of their zoning power.
The petitioner is the owner of a 320 acre tract of land located within Dade County and subject to the zoning powers of the Dade County Board of County Commissioners. The evidence discloses that there was a land use plan not designated by
The petitioner sought relief by way of petition for certiorari to the circuit court. Approximately two weeks after the denial of the petitioner’s application for a zoning change, the county commission again violated the land use plan by re-zoning “The Hammocks,” a tract in the same area, lying outside the same planning line, and substantially larger than the petitioner’s tract, for a development of major proportions. The petitioner requested that the circuit court supplement the record of the proceedings on certiorari to reflect the actions of the county commission in re-zoning another tract subsequent to its denial of the petitioner’s application, to support the claim of arbitrary and discriminatory conduct and favoritism. The court refused to supplement the record and ultimately denied the petition for writ of certiorari. The petitioner then noticed this appeal, citing as error the trial court’s refusal to supplement the record and denial of the petition.
The petitioner argues that in order to have all the facts before it, the circuit court shóuld have allowed supplementation of the record by including in it the zoning board’s decision to permit a change of zoning of another tract within only approximately two or three weeks of its denial of the petitioner’s request. The petitioner cites Bayside Warehouse Company v. City of Memphis,
The general rule is that a proceeding in certiorari contemplates that the reviewing court’s consideration shall be confined strictly and solely to the record of proceedings conducted by the administrative agency on which its questioned order is based. Bloomfield v. Mayo, Fla.1960,
Although it was physically, logically and chronologically impossible for the petitioner to present to the county commission evidence of an action of the county commission which had not yet taken place, but which bears directly on the allegations of partiality and favoritism toward some property owners, and against the petitioner, the appellee urges that the trial court was required to ignore this evidence.
This opinion is not to be construed as passing on the merits of this petition for certiorari.
We, therefore, reverse and remand to the trial court for further proceedings consistent herewith.
