ORANGE COUNTY, FLORIDA, ETC., PETITIONER,
v.
QUADRANGLE DEVELOPMENT CO., ETC., ET AL., RESPONDENTS
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Orange County appeals a circuit court decision granting certiorari and mandamus relief to developers whose final development plan for a multi-family housing project was denied by the County Board. The appellate court agrees the Board's denial lacked evidentiary support but reverses the mandamus portion, holding that certiorari was the proper remedy and mandamus cannot be used to direct a specific action after a quasi-judicial decision is quashed.
The court affirms that the Board's decision lacked competent substantial evidence and the circuit court correctly applied the certiorari standard. However, the court reverses the mandamus portion, holding that mandamus was improper because certiorari was the adequate remedy available and mandamus cannot be used to direct specific action after a quasi-judicial decision is quashed.
[1] Certiorari review of a quasi-judicial proceeding is limited to whether procedural due process was afforded, whether the decision-making body followed the essential requir…
[2] A circuit court, sitting in its appellate capacity, reviews a lower tribunal's quasi-judicial decision for procedural due process and application of the correct law.
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Join FLexlaw to unlock all legal intelligence“We conclude that the circuit court applied the correct law in determining that there was not competent substantial evidence to support the Board's decision to deny the application.”
Affirms the circuit court's certiorari analysis finding the Board lacked evidentiary support
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceQuadrangle Development Co. and Davis & Sons Construction Co. sought approval for the fourth phase of Knights Krossing, a multi-family development. The…
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SAWAYA, J.
Petitioner, Orange County, Florida, seeks certiorari review of a circuit court order granting the certiorari and mandamus relief requested by Respondents, Quadrangle Development Co. and Davis & Sons Construction Co. Respondents sought this relief from the circuit court, sitting in its appellate capacity, after the Orange County Board of County Commissioners (“Board”) denied Respondents’ final development plan application for the fourth phase of “Knights Krossing,” a proposed multi-family development. We grant the petition in part.
Respondents’ proposed development was controversial. Residents from nearby neighborhoods opposed the application because of crime and nuisance problems at the other phases of Knights Krossing. When the county’s development review committee approved the application, a representative of a home owners’ association appealed the approval of the application to the Board. After a public hearing, the Board denied the application, apparently finding an emergency situation which affected the public health, safety, and welfare. The circuit court granted certiorari relief, finding that the Board’s decision to deny the application based on substantial harm to the public health was not supported by competent, substantial evidence. The circuit court also granted mandamus relief and directed the Board to approve the final development plan application.
The circuit court’s standard of certiorari review was limited to the following three discrete components: (1) whether procedural due process was afforded; (2) whether the Board followed the essential requirements of law; and (3) whether there was competent substantial evidence to support the Board’s decision. See Educ. Dev. Ctr., Inc. v. City of W. Palm Beach Zoning Bd. of Appeals, 541 So. 2d 106, 108 (Fla.1989). Certiorari review in our court is limited to whether the circuit court afforded procedural due process and applied the correct law. Id.; see also Haines City Cmty. Dev. v. Heggs, 658 So. 2d 523 (Fla.1995); Philbrick v. County of Volusia, 668 So. 2d 341 (Fla. 5th DCA 1996).
We conclude that the circuit court applied the correct law in determining that there was not competent substantial evidence to support the Board’s decision to deny the application. We also conclude that the circuit court used the correct standard of review in finding that there was no evidence of an emergency situation or substantial harm to the public health in relation to the proposed development.
The circuit court misapplied the law, however, in issuing the writ of mandamus. Certiorari, not mandamus, was the proper remedy in the instant case, since the Board’s quasi-judicial proceeding was being reviewed. See Park of Commerce Assoc. v. City of Delray Beach, 636 So. 2d 12 (Fla.1994); Bd. of County Comm’rs v. Snyder, 627 So. 2d 469 (Fla.1993). Mandamus is generally not available to control the discretionary authority of a governmental board. See Garvin v. Baker, 59 So. 2d 360 (Fla.1952). Moreover, mandamus is not available if there is another adequate remedy. See Dep’t of Health & Rehabilitative Servs. v. Hartsfield, 399 So. 2d 1019 (Fla. 1st DCA 1981). In the instant case, certiorari provided an adequate remedy. When a decision is quashed by certiorari, the court should not direct that any specific action be taken. See Seminole County Bd. of County Comm’rs v. Eden Park Vill., Inc., 699 So. 2d 334 (Fla. 5th DCA 1997). Therefore, the circuit court erred when it directed the Board to approve the final development plan.
In conclusion, the petition for writ of certiorari is granted in part, and the writ of mandamus issued by the lower court is quashed. In all other respects, the petition is denied.
PETITION GRANTED IN PART; DENIED IN PART; WRIT OF MANDAMUS QUASHED.
THOMPSON, C.J., and GRIFFIN, J., concur.
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Citator
Cited By
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Dorian v. Stefan Davis, 874 So. 2d 661 (Fla. 5th DCA 2004)…Plan at issue, they propose to develop Phase 4, an additional multi-family residential project, on the parcel involved in this lawsuit. This is the second time this matter has come before this court. In Orange County v. Quadrangle Development Co., 780 So. 2d 994 (Fla. 5th DCA 2001), this court determined that the circuit court had applied the correct law in deciding there was no competent substantial evidence to support the County’s denial of Respondent’s Development Plan for this parcel, on the grounds tha…
Authorities Cited
- Haines City Cmty. Dev. v. Leila Heggs, 658 So. 2d 523 (Fla. 1995)
- Bd. OF Cnty. Comm'rs OF Brevard Cnty. v. Snyder, 627 So. 2d 469 (Fla. 1993)
- Educ. Dev. Ctr., Inc. v. City OF W. Palm Beach Zoning Bd. OF Appeals, 541 So. 2d 106 (Fla. 1989)
- State v. Green, 541 So. 2d 106 (Fla. 1989)
- State v. Hartsfield, 399 So. 2d 1019 (Fla. 1st DCA 1981)
- Park OF Commerce Assocs. v. City OF Delray Beach, 636 So. 2d 12 (Fla. 1994)
- Garvin v. Baker, 59 So. 2d 360 (Fla. 1952)
- Philbrick v. Cnty. OF Volusia, 668 So. 2d 341 (Fla. 5th DCA 1996)
- Seminole Cnty. Bd. OF Cnty. Comm'rs v. Eden Park Vill., Inc., 699 So. 2d 334 (Fla. 5th DCA 1997)