City of Miami v. Diocese of Newton Melkite Church

District Court of Appeal of Florida

City of Miami v. Diocese of Newton Melkite Church

176 So. 3d 388, 2015 Fla. App. LEXIS 15559, 2015 WL 6161352

CourtDistrict Court of Appeal of Florida

DecidedOctober 21, 2015

DocketNo. 3D14-2504

StatusPublished

This text of 176 So. 3d 388 (City of Miami v. Diocese of Newton Melkite Church) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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City of Miami v. Diocese of Newton Melkite Church, 176 So. 3d 388, 2015 Fla. App. LEXIS 15559, 2015 WL 6161352 (Fla. Ct. App. 2015).

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Opinion

LAGOA, J.

The City of Miami (the “City”) petitions this Court for a second-tier writ of certio-[389]*389rari to quash an opinion of the appellate division of - the ■ Eleventh Judicial Circuit, reversing a decision of the Miami City Commission to designate St. Jude Melkite Catholic Church a local historic site pursuant to section 23-4 of the City of Miami Code.

Based on this Court’s review of the record, including the petition for writ of cer-tiorari, response, and reply, and after, having heard oral argument, we conclude that under the narrow standard of review applicable in second-tier certiorari proceedings, the petition must be denied, as the appellate division of the circuit court afforded the City .procedural due process and applied the correct law. See Ivey v. Allstate Ins. Co., 774 So.2d 679, 682 (Fla.2000) (“[T]he proper inquiry under certiorari review is limited to whether the circuit court afforded procedural due process and whether it applied the correct law.”); see also Boos Dev. Grp., Inc. v. 1500 Ocean Drive Condo., 167 So.3d 519 (Fla. 3d DCA 2015); Miller v. Hernando Cnty., 931 So.2d 172 (Fla. 5th DCA 2006). Accordingly, we deny the City’s petition.

PETITION DENIED.

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LAGOA, J.

The City of Miami (the “City”) petitions this Court for a second-tier writ of certio-[389]*389rari to quash an opinion of the appellate division of - the ■ Eleventh Judicial Circuit, reversing a decision of the Miami City Commission to designate St. Jude Melkite Catholic Church a local historic site pursuant to section 23-4 of the City of Miami Code.

Based on this Court’s review of the record, including the petition for writ of cer-tiorari, response, and reply, and after, having heard oral argument, we conclude that under the narrow standard of review applicable in second-tier certiorari proceedings, the petition must be denied, as the appellate division of the circuit court afforded the City .procedural due process and applied the correct law. See Ivey v. Allstate Ins. Co., 774 So.2d 679, 682 (Fla.2000) (“[T]he proper inquiry under certiorari review is limited to whether the circuit court afforded procedural due process and whether it applied the correct law.”); see also Boos Dev. Grp., Inc. v. 1500 Ocean Drive Condo., 167 So.3d 519 (Fla. 3d DCA 2015); Miller v. Hernando Cnty., 931 So.2d 172 (Fla. 5th DCA 2006). Accordingly, we deny the City’s petition.

PETITION DENIED.

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Bluebook (online)

176 So. 3d 388, 2015 Fla. App. LEXIS 15559, 2015 WL 6161352, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-miami-v-diocese-of-newton-melkite-church-fladistctapp-2015.

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