The Appealing Nature of Local Code Enforcement Board Decisions by Florida Bar Journal

The Appealing Nature of Local Code Enforcement Board Decisions

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  • Genre Law
  • Released
  • Size 60.40 kB
  • Length 576 Pages

Description

When it comes to seeking judicial review of decisions rendered by local administrative agencies, many lawyers, and even some judges, mistakenly assume that such review is commenced for all agencies in the same manner--by petition for writ of certiorari. However, not all local administrative agencies are created equal. A careful reading of Florida Rule of Appellate Procedure 9.190(b) reveals that certain local agencies are treated differently when it comes to judicial review of their decisions. Unfortunately, this exception is often overlooked by both lawyers and appellate judges, resulting in courts conducting judicial reviews that the Florida Legislature never intended, thus, departing from the essential requirements of the law. This article will focus on one particular local administrative agency that often receives improper judicial review--municipal and county code enforcement boards. The Rule

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