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County Attorney's Report 10. 2.

BCC Regular Meeting

Information

Meeting Date:	08/16/2018
Issue: Teramore Development, LLC, Shu Cheng Shurett, and Leo Huang v. Escambia County, Florida
From:	Kristin Hual
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning the Final Order filed on August 6, 2018, in the Circuit Court of the First Judicial Circuit granting Petitioners’ Writ of Certioriari.

That the Board accept the following information in the matter of Teramore Development, LLC, Shu Cheng Shurett, and Leo Huang v. Escambia County, Florida; Case No.: 2017 CA 001778:

The Petitioners previously initiated an administrative appeal with the Board of Adjustment to review the Planning Official’s determination that the Petitioners’ proposed commercial development did not satisfy the applicable location criteria and would not achieve long term compatibility with the surrounding area. The BOA conducted a quasi-judicial hearing on October 18, 2017, and unanimously voted to deny the Petitioners’ appeal and affirm the Planning Official’s decision. Thereafter, the Petitioners filed a petition for writ of certiorari with the Circuit Court of the First Judicial Circuit seeking review of the BOA’s decision to deny the appeal.

On August 6, 2018, the Circuit Court issued an order granting the Petitioners’ petition. The Court quashed the BOA’s decision after concluding the decision was not based upon competent substantial evidence and further concluded the BOA departed from the essential requirements of the law by failing to apply the plain language of the applicable code provision. With the decision quashed, the matter remains pending and must be scheduled for further proceedings before the BOA.

The County may seek review of the Circuit Court’s order by filing a petition for writ of certiorari with the First District Court of Appeal within thirty (30) days from the date of rendition of the order. The County Attorney’s Office is not recommending that the County request certiorari jurisdiction of the DCA to review the order at this time.

BACKGROUND:

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BUDGETARY IMPACT:

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LEGAL CONSIDERATIONS/SIGN-OFF:

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PERSONNEL:

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POLICY/REQUIREMENT FOR BOARD ACTION:

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IMPLEMENTATION/COORDINATION:

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Attachments
Order Granting Petition for Writ of Certiorari