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County Attorney's Report 11. 2.

BCC Regular Meeting

Information

Meeting Date:	01/07/2016
Issue: ADX Communications of Escambia, LLC, v. Escambia County, acting by and through its Board of Adjustment
From:	Kristin Hual
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning the Final Order filed on December 9, 2015, in the Circuit Court of the First Judicial Circuit of Escambia County, Florida, granting Petitioner’s Writ of Certiorari.

That the Board recognize the attached Final Order filed on December 9, 2015, in the Circuit Court of the First Judicial Circuit of Escambia County, Florida, granting Petitioner’s Writ of Certiorari.

BACKGROUND:

On March 20, 2015, Petitioner ADX Communications of Escambia, LLC filed a Petition for Writ of Certiorari with the Circuit Court seeking review of the BOA’s decision denying ADX’s application for conditional use approval to construct a 199 foot communications tower within 500 feet of a residential area on property located at 7251 Plantation Road.

Upon review of the record on appeal, the Circuit Court concluded that the BOA’s decision was not supported by competent substantial evidence. Thus, the Court granted Petitioner’s Petition for Writ of Certiorari, quashed the decision of the BOA, and remanded the matter for further proceedings. The matter is now scheduled for hearing during the BOA’s next regularly scheduled meeting on January 20, 2016.

Respondent has 30 days from the date of the rendition of the Order to file a petition for certiorari with the First District Court of Appeal (DCA). In light of the Court’s ruling, it is the recommendation of the County Attorney’s Office that the County not request certiorari jurisdiction of the DCA to review the Circuit Court’s Order.

BUDGETARY IMPACT:

N/A

LEGAL CONSIDERATIONS/SIGN-OFF:

N/A

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

N/A

Attachments
Final Order