FORT LAUDERDALE BOARD OF ADJUSTMENT AND CITY OF FORT LAUDERDALE, PETITIONERS,
v.
CHARLES E. NASH, III, RESPONDENT
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The Fourth District Court of Appeal granted certiorari and reversed the circuit court's reversal of a zoning variance denial, holding that a reviewing court in a certiorari proceeding must confine its consideration solely to the administrative record and cannot conduct independent inspections of the property.
A reviewing court in a certiorari proceeding is restricted to the record of the administrative agency's proceedings and cannot conduct independent inspections or consider evidence outside that record.
[1] In a certiorari proceeding reviewing an administrative agency decision, the reviewing court is confined to the record of the administrative proceeding and may not conduct…
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Join FLexlaw to unlock all legal intelligence“A reviewing court's consideration in a certiorari proceeding is restricted solely to the record of the proceeding conducted by the administrative agency on which its questioned order is based.”
Establishing the standard for certiorari review of administrative decisions
Charles E. Nash, III applied for a residential set-back zoning variance before the Fort Lauderdale Board of Adjustment, which unanimously denied his a…
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BERANEK, Judge.
Petitioners, Fort Lauderdale Board of Adjustment and City of Fort Lauderdale, seek review of an order of the Circuit Court which reversed a decision of the municipal Board of Adjustment. Respondent, Charles E. Nash, III, was an applicant seeking a residential set-back zoning variance before the Board, which unanimously denied his application. Respondent subsequently filed a petition for writ of certiorari to the Bro-ward County Circuit Court seeking to overturn the decision of the Board. The Circuit Court entered an order dated November 3, 1981, granting the petition and reversing the Board’s decision. The Circuit Court ruled petitioner was entitled to the variance.
Petitioners contend that the Circuit Court departed from the essential requirements of law in that it exceeded the limitations of review to which it was confined. A reviewing court’s consideration in a certiorari proceeding is restricted solely to the record of the proceeding conducted by the administrative agency on which its questioned order is based. Dade County v. Marca, S. A., 326 So. 2d 183 (Fla.1976). In reviewing the record before us, we find that the trial court personally inspected both the property and the surrounding area. This inspection constituted important independent evidence beyond that contained in the record of the Board’s proceedings. This inspection occurred out of the presence of the attorneys or parties. We grant the writ of certiorari and remand to the trial court for further consideration confined solely to the record of the proceedings before the Board.
CERTIORARI GRANTED.
GLICKSTEIN and DELL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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First City Sav. Corp. OF Tex. v. S & B P'rs, 548 So. 2d 1156 (Fla. 5th DCA 1989)…i proceeding to review a zoning decision, a circuit court is restricted solely to the record of the proceeding conducted by the zoning authority. See Dade County v. Marca, S.A., 326 So. 2d 183 (Fla.1976); Fort Lauderdale Board of Adjustment v. Nash, 413 So. 2d 855 (Fla. 4th DCA 1982). Orange County’s statutory certiorari also provides for a limited review of the county commission’s zoning decisions since a trial de novo is prohibited. As long as due process is afforded, the circuit court in a certiorari proce…
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City OF Miramar v. Amoco OIL Co., 524 So. 2d 506 (Fla. 4th DCA 1988)…n standards of the Miramar zoning ordinances. In a certiorari proceeding the circuit court’s review is restricted solely to the evidence presented at the proceedings before the particular agency involved. Fort Lauderdale Board of Adjustment v. Nash, 413 So. 2d 855 (Fla. 4th DCA 1982). However, the circuit court departed from the essential requirements of law when it ordered petitioner to approve respondent’s petition for a special exception. In National Advertising Company v. Broward County, 491 So. 2d 1262…
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The City OF ST. Augustine v. Graubard, 780 So. 2d 272 (Fla. 5th DCA 2001)…review a zoning decision, a circuit court is restricted solely to the record of the proceeding conducted by the zoning authority.” See also Miramar City v. Amoco Oil Co., 524 So. 2d 506 (Fla. 4th DCA 1988); Ft. Lauderdale Bd. of Adjustment v. Nash, 413 So. 2d 855 (Fla. 4th DCA 1982). I submit the circuit court order under review should be quashed because the court improperly re-weighed the evidence and considered matters outside the record. As emphasized in Florida Power & Light Co. v. City of Dania, the ci…
Authorities Cited
- Dade Cnty. v. Marca, 326 So. 2d 183 (Fla. 1976)