KARL SANDERS
v.
THE PALM BEACH TOWN COUNCIL AND MARGARET B. THORNTON
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In a certiorari review of a Town Council's denial of an appeal from a Town Architectural Committee decision, the court found that the Council's decision lacked competent, substantial evidence and quashed the decision. The court held that neither the Committee nor the Council made adequate findings regarding compliance with applicable architectural standards and ordinances.
The Town Council's decision is not supported by competent, substantial evidence because the Town Architectural Committee and Town Council failed to make findings sufficient to demonstrate that the proposed development would comply with applicable standards. The Petition for Writ of Certiorari is granted and the Town Council's decision is quashed.
[1] An administrative body's decision must be supported by competent, substantial evidence in the record.
[2] An administrative body must make sufficient findings to demonstrate compliance with applicable codes and ordinances.
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Join FLexlaw to unlock all legal intelligence“the Town Council failed to rely on competent, substantial evidence when it denied Petitioner's appeal from the Town Architectural Committee”
Establishes the fundamental legal standard and the Council's failure to satisfy it
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Join FLexlaw to unlock all legal intelligencePetitioner 100 Emerald Beach Way appealed a Town Architectural Committee decision to the Palm Beach Town Council. Respondent Thornton had proposed a d…
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Karl Sanders
Santo DiGangi
PER CURIAM.
Upon review of the Petition for Writ of Certiorari, we find that the Town Council failed to rely on competent, substantial evidence when it denied Petitioner's appeal from the Town Architectural Committee. The Town Architectural Committee did not make findings sufficient to ensure that Respondent Thornton's "proposed development [would be] in conformity with the standards of this Code and other applicable ordinances insofar as the location and appearance of the buildings and structures are involved." See Resp. App. at 7. Specifically, there was no finding by the Town Architectural Committee or Town Council, or evidence in the record, to suggest that Respondent Thornton's proposed development would comply with section 134-1759. See Resp. App. at 16. Because the Town Council's failure to rely on competent, substantial evidence is sufficient cause to grant the Petition, we issue no opinion regarding the remaining arguments on appeal. We GRANT the Petition for Writ of Certiorari and QUASH the decision of the Town Council.
SASSER, GOODMAN, CURLEY JJ. concur. IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA
100 EMERALD BEACH WAY, V. Petitioner,
THE PALM BEACH TOWN COUNCIL AND MARGARET B. THORNTON, Respondents.
APPELLATE DIVISION (CIVIL): AY CASE NO.: 502017CA010274XXXXMB
Opinion/Decision filed: AUG 3 0 2018
Petition for Writ of Certiorari from the Town of Palm Beach Town Council
Date of Appeal: September 15, 2017
DATE OF PANEL: AUGUST 20, 2018 PANEL JUDGES: SASSER, GOODMAN, CURLEY
AFFIRMED/REVERSED/OTHER: GRANT PETITION
PER CURIAM OPINION/DECISION BY: PER CURIAM
CONCURRING: 8/28/18 ) DISSENTING: With/Without Opinion ) CONCURRING SPECIALLY: ) ) With/Without Opinion ) ) ) DATE: J. J.) J.) ) ) ) ) DATE: J.) J.) J.) ) ) ) ) DATE: J.) J.) J.)
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