Saturday, January 15, 2011

Dade County v. Wilson

In Dade County v. Wilson the 3d DCA reversed a temporary injunction issued to bar enforcement of a code enforcement order to cut off electricity to a building for safety violations. The District Court found that Wilson should have exhausted his administrative remedies and did not.

This is another case where the lower court granted an "improper" form of relief to prevent a perceived abuse of the administrative process. What this shows (to me) is that the forms of judicial review currently available are insufficient to provide justice to citizens, and that the circuit courts will (sometimes) risk the sting of later reversal to provide relief where they believe justice requires it. More reason to provide more effective judicial review and supervision in the first instance.

1 comment:

  1. Anonymous11:50 PM

    ABSOLUTELY! Travesty of process in great volume. Cert is no help. If you win, you go back to the same forum that screwed you.

    Well known facts. Why is there no relief?