KEY BISCAYNE GATEWAY PARTNERS, LTD, APPELLANT,
v.
VILLAGE OF KEY BISCAYNE AND VILLAGE COUNCIL FOR THE VILLAGE OF KEY BISCAYNE, APPELLEES

Fla. 3d DCA | 2015-07-29
No. 3D14-1762
Before SALTER, LOGUE, and SCALES, JJ.
172 So. 3d 499 Florida District Court of Appeal, Third District (2015) Positive Treatment
Cited by 6 cases

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Holding

Mandamus will not lie to compel approval of a site plan because the decision involves quasi-judicial discretion, not a purely ministerial act.

Facts & Procedural History

Petitioner sought a writ of mandamus to compel the Council and Village to approve a site plan. The trial court dismissed the amended complaint.…

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Topics
Ministerial Act Writ Of Mandamus

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Opinion of the Court
LOGUE, J.

LOGUE, J.

Key Biscayne Gateway Partners, Inc., seeks review of the trial court’s order dismissing its amended complaint, which sought a writ of mandamus directing the Council and Village of Key Biscayne to approve a proposed site plan. The complaint for the writ of mandamus was based upon allegations of misconduct by the Council and Village.

Mandamus, of course, will lie only to command the performance of a ministerial act. Town of Manalapan v. Rechler, 674 So.2d 789, 790 (Fla. 4th DCA 1996) (“Mandamus is defined as a remedy to command performance of a ministerial act that the person deprived has a right to demand, or a remedy where public officials or agencies may be coerced to perform ministerial duties that they have a clear legal duty to perform.”). Under the applicable ordinance, the Village approves a site plan by vote of its council after a quasi-judicial public hearing concerning whether certain criteria are met. In these circumstances, mandamus will not he because the Village’s decision to approve the site plan involves quasi-judicial fact finding and quasi-judicial discretion. See id. (“A duty or act is defined as ministerial when there is no room for the exercise of discretion, and the performance being required is directed by law.”).

Accordingly, we affirm the order of dismissal. In doing so, we do not reach and do not decide any issues relating to the alleged misconduct of the Council and the Village.

Affirmed.

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Citator

Cited By

  • Perry v. Dep't OF Child. & Families, 220 So. 3d 546 (Fla. 3d DCA 2017)
    …2d 376, 377 (Fla. 3d DCA 2000). A legal duty is ministerial only when there is no room for the exercise of discretion, and the government official is required to perform the duty by law. Key Biscayne Gateway Partners, Ltd. v. Vill. of Key Biscayne, 172 So. 3d 499, 499 (Fla. 3d DCA 2015). III. Analysis At the outset, we note that, pursuant to the APA, when actions undertaken by a Florida administrative [*550] agency- affect one’s “substantial interests,” the affected person is entitled to an administrative…
  • Key Biscayne Gateway P'rs, Ltd. v. Vill. Council for the Vill. of Key Biscayne, 240 So. 3d 84 (Fla. 3d DCA 2018)
  • City of Jacksonville Beach v. Bcel 4, LLC, 262 So. 3d 835 (Fla. 1st DCA 2018)

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