Land Use and Local Government Law and Litigation

The Law Office of Robert K. Lincoln, P.A.  provides legal services to private and public entities involved in complex land use disputes.  Hiring an attorney is an important decision that should not be based solely upon advertisements.  Before you decide, ask and I will provide free information about my experience and qualifications. 

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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Hiring an attorney is an important decision that should not be based solely upon advertisements. Before you decide, ask and I will send you free written information about my qualifications and experience. Additionally, the comments, statements and articles contained herein are general in nature and should not be relied upon as a basis for any legal opinion, action or conclusion on the part of the reader with respect to any particular set of facts or circumstances, or to establish an attorney-client relationship between us.