District Court of Appeal of Florida
Powell v. City of Sarasota, 2D05-4850
A petition for certiorari relief to quash a circuit court order denying certiorari relief is granted where the circuit court did not apply the correct law when considering the procedural due process prong of its analysis in connection with its review of a local government agency's quasi-judicial action, because property owners' defense of selective enforcement to a nuisance abatement charge was legally cognizable, and they were entitled to present evidence in proof of it.
Appellate Information
- Decided 09/13/2006
- Published 09/13/2006
Judges
- NORTHCUTT, Judge.
Court
- District Court of Appeal of Florida
Counsel
- For Appellant:
- Mark A. Gruwell, Estherville, IA, for Petitioners.
- For Appellees:
- Whitney Coyne of Fournier and Connolly, P.A., Sarasota, for Respondent.