Florida District Courts of Appeal, 1997

Younger v. City of Palm Bay

Younger v. City of Palm Bay
Florida District Courts of Appeal · Decided August 8, 1997 · Griffin, Harris, Sharp
697 So. 2d 589; 1997 Fla. App. LEXIS 9064; 1997 WL 447618 (Southern Reporter, Second Series)

Younger v. City of Palm Bay

Concurring Opinion

GRIFFIN, Chief Judge,

concurring specially.

I agree with the implicit decision of the majority that the proceeding brought in circuit court to review the decision of the City of Palm Bay not to amend its comprehensive plan was legislative rather than quasi-judicial. I also agree that the circuit court did not err in ruling that certiorari was unavailable to Mr. Younger to review such legislative decisions of the City. It is plain that the City’s previous position that their proceeding was quasi-judicial cannot confer jurisdiction on the court through the doctrine of invited error. I may be stating the obvious, but I think it is worth stating that Mr. Younger still has available to him the appropriate procedural device for challenging legislative action, which is an action for declaratory judgment or injunction. The standard of review is stricter but not insuperable.

Opinion of the Court

PER CURIAM.

DENIED.

W. SHARP and HARRIS, JJ., concur. GRIFFIN, C.J., concurs specially, with opinion.

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