Tuesday, February 17, 2004

In case you forgot - there's always at least 1 judicial review of admin action by right

It's long been established that due process requires at least one meaningful opportunity for the judicial review of administrative action.   See SCHOLASTIC SYSTEMS, INC. v. LeLOUP, 307 So.2d 166   That's the policy behind the curious fact that while certiorari historically is a discretionary writ, if no provision is made in general law for review of administrative action, you get certiorari "by right" under Deefield Beach v. Vaillant.

In this case, released today, the 2d DCA reverses a judge who summarily denied a petition for writ of cert challenging the denial of a plat approval (which is quasi-judicial under Park of Commerce).  While the District Court spanked the lower court for using a "2d tier" analysis, what really happened here was that the circuit court forgot that 1st tier review simply isn't discretionary.

Here's a link to the case, Brasota Mortgage Co. v. Town of Longboat Key.

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