Sunday, July 01, 2007

5th DCA - It's Illegal, But Who Cares?

In Board of County Commissioners v. City ov Cocoa, over a strong dissent by Judge Evander, the 5th District let the City get away with what appears from the dissent to be a clearly illegal involuntary annexation of undeveloped lands because there was no "miscarriage of justice."

In effect, the District Court used this oft-abused 2d tier certiorari standard, which is intended to prevent simple complaining from reaching the districts as a "second appeal." as a basis for turning a blind eye to a flat out abuse. The legislature or the Supreme Court MUST fix this situation. Certiorari review is simply insufficient where there are no meaningful procedures, requirements for written opinions, and too little meaningful guidance on what consitutes "departure from the essential requirements of law."

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