Conquering the Maze of Certiorari Review of Local Government Quasi-judicial Land Use Decisions

If you’re filing a petition for a writ of certiorari, you need to do it within 30 days of the order you want to challenge. Your petition should include why you should get relief, what relief you’re asking for, and your arguments with the right references. It also needs to have the right caption and can’t be more than 50 pages long. If a local government makes a decision that you think is unfair, you can ask a court to review it using a petition for certiorari. This can include decisions about things like building permits and zoning changes. The decision usually doesn’t have to be written down, but there are some exceptions. For example, decisions about communication towers must be written. Yes, when filing a petition with the court, you must also include an appendix that complies with the court’s requirements. The appendix should contain important parts of the record that help explain the issues in the petition. It should be organized and separated from the petition itself. While a transcript of the hearing is not required to be transmitted to the court, it is common to include it in the appendix if available. If the transcript is not necessary for understanding the issues, it doesn’t need to be included. When filing a petition, make sure to use Times New Roman 14-point font or Courier New 12-point font and double-space the text with one-inch margins. Include a “certificate of compliance” to show that you followed the font requirements. Follow the uniform citation requirements and make sure to include footnotes and quotations as needed. If you need to transcribe a meeting, it’s best to have a court reporter present, but if that’s not possible, you can use audio tapes or official minutes as a substitute. If there are multiple legal issues stemming from a decision made by a local government, it is generally better to file them together in one lawsuit, rather than as separate cases. This can save time and money for the people involved. Rule 1.630 of the Florida Rules of Civil Procedure allows circuit courts to review complaints for common law certiorari, which is like a trial de novo. There has been a debate about whether separate causes of action must be filed, but it is permissible to file one cause of action that includes a petition for certiorari review and other bases for relief. It is best to hold off on noncertiorari causes of action until after the court issues its decision in the certiorari proceeding, to avoid tainting the certiorari review with irrelevant evidence. When you file a petition for certiorari, the court will review it and decide if they should issue an order to respond to your petition. If they don’t respond within 90 days, you may need to follow up to make sure they received it. It’s important to know the local rules in your area when filing. If you’re filing a petition for writ of certiorari, you can’t file a motion to dismiss it before the court tells you to. Once the court tells you to respond, you have to file a response brief with your arguments and references to the case record. The respondent (the other party) can also file more records if needed. Then, the petitioner (the person who filed the original petition) can file a reply brief within 20 days. All briefs have to follow specific formatting rules and can’t be too long. The circuit court uses a standard of review to decide whether to issue an order to show cause, looking at whether procedural due process was followed, if the law was followed, and if there is enough evidence to support the decision. “Supported by competent substantial evidence” means that the evidence needs to be enough to defend the local government’s decision.

If the circuit court makes a decision against you, you can file a petition for writ of certiorari in the district court of appeal to challenge it. The district court of appeal reviews circuit court decisions with certiorari review, which is limited to checking if the circuit court followed the correct procedures and laws. They cannot consider the evidence or make a decision on the actual case. It’s important to have a good record and know the rules for a successful petition for writ of certiorari. This passage outlines the rules and procedures for filing a petition for certiorari, which is a request for an appellate court to review a lower court’s decision. It includes information about the technical requirements for filing a petition, as well as the process for the court to consider the petition and make a decision. The passage also discusses the burden of proof and the limitations of the appellate court in reviewing the lower court’s decision. Gary K. Hunter, Jr., is a lawyer who focuses on solving legal problems related to the environment and land use in Florida. Jennifer A. Tschetter is also a lawyer who helps protect people’s rights to their property. They work at a law firm in Tallahassee. Remember, this is just general information and not specific legal advice.

Source: https://www.floridabar.org/the-florida-bar-journal/conquering-the-maze-of-certiorari-review-of-local-government-quasi-judicial-land-use-decisions/