Third District Court of Appeal
State of Florida
Opinion filed October 21, 2015.
Not final until disposition of timely filed motion for rehearing.
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No. 3D14-2504
Lower Tribunal Nos. 13-325 AP & 13-306
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City of Miami, etc.,
Petitioner,
vs.
Diocese of Newton Melkite Church,
Respondent.
On Petition for Writ of Certiorari to the Circuit Court for Miami-Dade
County, Appellate Division, Bernard Shapiro, David C. Miller, and Miguel de la
O, Judges.
Victoria Méndez, City Attorney, John A. Greco, Deputy City Attorney,
Forrest L. Andrews, Jr., Assistant City Attorney, for petitioner.
Gunster, Yoakley & Stewart, P.A., and Juan M. Muniz and Amy Brigham
Boulris, for respondent.
Before LAGOA, EMAS, and FERNANDEZ, JJ.
LAGOA, J.
The City of Miami (the “City”) petitions this Court for a second-tier writ of
certiorari to quash an opinion of the appellate division of the Eleventh Judicial
Circuit, reversing a decision of the Miami City Commission to designate St. Jude
Melkite Catholic Church a local historic site pursuant to section 23-4 of the City of
Miami Code.
Based on this Court’s review of the record, including the petition for writ of
certiorari, response, and reply, and after having heard oral argument, we conclude
that under the narrow standard of review applicable in second-tier certiorari
proceedings, the petition must be denied, as the appellate division of the circuit
court afforded the City procedural due process and applied the correct law. See
Ivey v. Allstate Ins. Co., 774 So. 2d 679, 682 (Fla. 2000) (“[T]he proper inquiry
under certiorari review is limited to whether the circuit court afforded procedural
due process and whether it applied the correct law.”); see also Boos Dev. Grp., Inc.
v. 1500 Ocean Drive Condo., 167 So. 3d 519 (Fla. 3d DCA 2015); Miller v.
Hernando Cnty., 931 So. 2d 172 (Fla. 5th DCA 2006). Accordingly, we deny the
City’s petition.
PETITION DENIED.
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