District Court Review of Mandamus Proceedings in Land-Use Litigation: Certiorari or Appeal?

You represent a real estate developer who was denied approval for a project by the local government. You challenged this decision in court, but the circuit court also denied your request. Now, you need to decide whether to appeal the circuit court’s decision in the district court or file a petition for certiorari. If you want to challenge the part of the circuit court’s decision that denies certiorari, you file a petition for certiorari with the district court. If you want to challenge the part that denies mandamus, it’s a bit more complicated, but in most cases, you will also have to file a petition for certiorari in the district court. In Florida, whether an appeal or certiorari is the right way to challenge a circuit court’s decision depends on whether the circuit court acted as a trial court or in its review capacity. If the circuit court acted as a trial court, then an appeal to the district court is the right way to challenge the decision. But if the circuit court was reviewing a lower tribunal’s decision, then the proper way to challenge it is by seeking certiorari. When it comes to mandamus, the decision is more complicated because it can be either an original proceeding or an appellate remedy, depending on the circumstances. So whether to seek an appeal or certiorari will depend on the specific details of the case. In the case Sheley v. Florida Parole Commission, the court denied an inmate’s request for mandamus relief, which would have overturned a decision by the Parole Commission. The inmate then appealed to the First District Court of Appeal, but they treated the appeal as a petition for certiorari and denied it. The Florida Supreme Court approved this decision, saying that once an inmate has had a full review of the Parole Commission’s decision in the circuit court, they cannot have a second appeal in the district court. So, the inmate could only seek district court review through certiorari. Mandamus can be used as both an original and appellate remedy, but it’s often used as an appellate remedy in challenges to local land-use decisions. This is because these decisions are considered quasi-judicial and can be reviewed by certiorari. So, when mandamus is used to challenge these decisions, it’s usually considered an appellate remedy, and the circuit court’s decision can be reviewed by certiorari, not by appeal. Imagine you’re a developer trying to challenge a court’s decision about a local land-use issue. The rules about which court to go to for this kind of challenge can be a bit fuzzy. But it seems like using a process called certiorari might be the best way to go. This means that if you’re trying to challenge a local land-use decision, you should ask a higher court to review it using certiorari. So, start writing your request to the court.

Source: https://www.floridabar.org/the-florida-bar-journal/district-court-review-of-mandamus-proceedings-in-land-use-litigation-certiorari-or-appeal/