Manatee County v. City of Bradenton
Manatee County v. City of Bradenton
Opinion of the Court
Manatee County petitions for a writ of common law certiorari to quash an order of the circuit court sitting in its appellate capacity. The order denied the county’s amended petition for writ of certiorari which challenged an ordinance enacted by the City of Bradenton. The disputed ordinance annexed real property located in an unincorporated portion of Manatee County into the city.
In its review of the ordinance, the circuit court applied the proper standard for certiorari review of an administrative action as set out in Haines City Community Development v. Heggs, 658 So.2d 523, 530 (Fla. 1995). The court considered: 1) whether the agency action afforded the parties procedural due process; 2) whether the essential requirements of law were observed; and 3) whether the agency action is supported by competent, substantial evidence.
This court may review only “whether the circuit court afforded procedural due process and whether the circuit court applied the correct law.” Id. Manatee County acknowledged that this was the appropriate standard of review, but argued only that the circuit court misinterpreted what the parties agree are the applicable statutes.
. Manatee County did not claim that it was deprived of procedural due process.
Reference
- Full Case Name
- MANATEE COUNTY, Florida, a political subdivision of the State of Florida v. CITY OF BRADENTON, Florida, a municipal corporation of the State of Florida, City Council of the City of Bradenton, Florida, Tracy Hallen-beck, Willis R. Hermann Revocable Trust u/a/d March 20, 1996, Marita J. Hermann Revocable Trust u/a/d March 20, 1996, Pamela K. Howard, Kelley Family Living Trust, Nordic of Florida Development, Inc., a Florida Corporation, Maria C. Pardo, Juan Carlos Curci, Andrew Pyne, Kim A. Pyne, George T. Stolt, Cindy Dring, Rick M. Stowe, and Norman Worthington
- Cited By
- 1 case
- Status
- Published