CITY OF JACKSONVILLE BEACH, AND CITY OF JACKSONVILLE BEACH ETC.
v.
BCEL 4, LLC, AND BCEL 5, LLC
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The City of Jacksonville Beach appeals a circuit court order granting BCEL's petitions for writs of mandamus and certiorari regarding approval or denial of a concept plan for plat application. The appellate court reversed the mandamus portion, finding the City's decision was not purely ministerial, but denied second-tier certiorari review of the certiorari portion.
The court reversed the mandamus portion of the circuit court's order, holding that BCEL failed to establish the City's decision was purely ministerial. The court denied second-tier certiorari review of the certiorari portion, finding the circuit court afforded procedural due process and did not depart from essential requirements of law.
[1] A local government's decision to approve or deny a concept plan for a plat application is discretionary rather than ministerial, and therefore mandamus relief is unavaila…
[2] Mandamus is an appropriate remedy only to compel performance of a ministerial act, which by definition involves no exercise of discretion.
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Join FLexlaw to unlock all legal intelligenceBCEL 4, LLC and BCEL 5, LLC filed petitions for writs of mandamus and certiorari against the City of Jacksonville Beach and its Planning Commission co…
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December 18, 2018 PER CURIAM.
The appellants, City of Jacksonville Beach and City of Jacksonville Beach Planning Commission (the City), appeal an order from the circuit court granting a petition for writ of mandamus and alternatively granting a petition for writ of certiorari filed by the appellees, BCEL 4, LLC, and BCEL 5, LLC (BCEL).
We reverse the portion of the order granting BCEL mandamus relief. See Browing v. Young, 993 So. 2d 64, 65 (Fla. 1st DCA 2008) (reviewing a circuit court order granting mandamus relief by plenary appeal). BCEL failed to establish the City’s decision to approve or deny its concept plan for plat application was a purely ministerial one. See Rhea v. Dist. Bd. of Trs. of Santa Fe Coll., 109 So. 3d 851, 855 (Fla. 1st DCA 2013) (mandamus is a remedy to command performance of ministerial act in which there exists no room for the exercise of discretion) (citing Town of Manalapan v. Rechler, 674 So. 2d 789, 790 (Fla. 4th DCA 1996)); see also Key Biscayne Gateway Partners, Ltd. v. Village of Key Biscayne, 172 So. 3d 499 (Fla. 3d DCA 2015) (affirming dismissal of mandamus petition where the local government’s action was quasi-judicial and not ministerial). The portion of the order granting BCEL’s petition for writ of mandamus is reversed.
As to the portion of the order granting BCEL’s petition for writ of certiorari, our review is by second-tier certiorari. See Haines City Cmty. Dev. v. Heggs, 658 So. 2d 523, 530 (Fla. 1995). We deny the City’s petition for second-tier certiorari review as the circuit court afforded procedural due process and did not depart from the essential requirements of law. See id.
We REVERSE the portion of the order granting mandamus relief. We DENY second-tier certiorari review of that portion of the order granting certiorari.
ROBERTS, MAKAR, and BILBREY, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Michael J. Roper and Dale A. Scott of Bell & Roper, Orlando, for Appellants. Emily G. Pierce, Cristine M. Russell, and William Michaelis of Rogers Towers, P.A., Jacksonville, for Appellees.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Haines City Cmty. Dev. v. Leila Heggs, 658 So. 2d 523 (Fla. 1995)
- The Town OF Manalapan v. Morton Rechler and Beverly Rechler, 674 So. 2d 789 (Fla. 4th DCA 1996)
- Rhea v. The Dist. Bd. OF Trs. OF Santa FE Coll., 109 So. 3d 851 (Fla. 1st DCA 2013)
- Browning v. Young, 993 So. 2d 64 (Fla. 1st DCA 2008)
- KEY Biscayne Gateway P'rs, Ltd v. Vill. OF KEY Biscayne & Vill. Council for the Vill. of Key Biscayne, 172 So. 3d 499 (Fla. 3d DCA 2015)