HOLLYWOOD COMMUNITY SYNAGOGUE, PETITIONER,
v.
THE CITY OF HOLLYWOOD AND EDWARD O'SHEEHAN, RESPONDENTS
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The court dismissed as moot a petition for certiorari review of a special exception grant because the exception had expired and a subsequent application was denied on different grounds, rendering any judicial determination without practical effect.
A petition for certiorari review is dismissed as moot when the underlying special exception has expired and a subsequent application is denied on grounds unrelated to the issues presented.
[1] A petition for certiorari review is dismissed as moot when the underlying administrative action has expired and any judicial determination would have no practical effect…
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Join FLexlaw to unlock all legal intelligenceHollywood Community Synagogue sought certiorari review of the Development Review Board's grant of a special exception to operate a house of worship on…
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PER CURIAM.
On certiorari review of the City of Hollywood Development Review Board’s decision to grant a special exception to permit Hollywood Community Synagogue to operate a house of worship on property zoned for single family use, the circuit court determined that the matter was moot because the limited special exception had expired. While this ruling was correct, the court made an additional determination that the Board erred in granting the special exception based upon administrative res judicata. The Synagogue has petitioned for certiorari review to this court. We dismiss the petition as moot because the special exception has expired, and a new special exception applied for by the Synagogue was denied by the City Commission, not on the ground of administrative res judicata, but because it failed to satisfy the requirements for granting a special exception. Thus, any determination of this court would have no practical effect, rendering the petition moot. See Du Bose v. Meister, 92 Fla. 995, 110 So. 546, 546-47 (1926) (refusing to review writ of prohibition entered in case where plaintiff sought cancellation of real estate license that had already expired, because “no practical result could be attained by reviewing the questions” presented); Gulf Life Ins. Co. v. Newell’s Inc., 226 So. 2d 858, 859 (Fla. 4th DCA 1969) (dismissing appeal as moot because no practical results could be obtained by reviewing questions presented).
Dismissed as moot.
STONE, WARNER and STEVENSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- DuBose v. Meister, 92 Fla. 995 (Fla. 1926)
- McCALL v. State, 226 So. 2d 858 (Fla. 1st DCA 1969)
- Gulf Life Ins. Co. v. Newell's Inc., 226 So. 2d 858 (Fla. 4th DCA 1969)