THEARD_V._CITY_OF_ORLANDO_ _2020 CA 12098 O_ _5.2.2023
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Joel Theard petitioned for a writ of certiorari challenging the City of Orlando's adoption of a Quasi-Judicial Hearing Officer's Recommended Order and two rezoning ordinances, arguing they violated the City's Land Development Code and Growth Management Plan. The appellate court denied the petition, finding that the City Council and Hearing Officer properly followed applicable law and were supported by substantial competent evidence.
The court held that (1) due process was accorded to the petitioner; (2) the essential requirements of law were followed by the Quasi-Judicial Hearing Officer and the City Council, including proper adherence to the governing Code provision; and (3) the decisions by both the Hearing Officer and the City Council were supported by substantial competent evidence. Accordingly, the petition for writ of certiorari was denied.
[1] A court reviewing a petition for writ of certiorari will deny the petition if the governmental body's consideration of the matter complied with the essential requirements…
[2] Due process is accorded when a governmental body's consideration of a matter complies with the essential requirements of law.
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Join FLexlaw to unlock all legal intelligence“the consideration of this matter by the City Council and others leading to the adoption of the order and ordinances at issue complied with the essential requirements of law”
Establishes the court's finding that the City followed required procedures in adopting the challenged decisions.
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Join FLexlaw to unlock all legal intelligenceThe City of Orlando adopted a Quasi-Judicial Hearing Officer's Recommended Order Denying Petition and two rezoning ordinances (2020-63 and 2020-64). T…
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Lowndes, Drosdick, Doster, Kantor & Reed, P.A., Orlando, for Intervenors. Before WEISS, MUNYON, and JORDAN, J.J
PER CURIAM.
Filing # 172273218 E-Filed 05/02/2023 03:20:13 The petitioner's request for relief focuses on the asserted failure of the City's staff, Municipal Planning Board, Quasi-Judicial Hearing Officer, and City Council to correctly interpret section 66.200 of the Code of the City of Orlando ("the Code") related to that section's definition of "Density, Gross Residential." Upon review of the petition, responses, replies, and appendices filed in this case, this Court finds that the consideration of this matter by the City Council and others leading to the adoption of the order and ordinances at issue complied with the essential requirements of law. Accordingly, we determine that l) due process was accorded to the petitioner; 2) the essential requirements of law were followed by the Quasi-Judicial Hearing Officer and the City Council, including adherence to the governing Code provision; and (3) the decisions by both the Quasi-Judicial Hearing Officer and the City Council were supported by substantial competent evidence. Therefore, it is hereby ORDERED and ADJUDGED that Joel Theard's Petition for Writ of Certiorari is DENIED. this day of Presiding Circuit Judge DONE AND ORDERED in Chambers at Orlando, Orange County, Florida, MUNYON and JORDAN, J.J., concur, [*3] CERTIFICATE OF SERVICE -\ I CERTIFY that a true and correct copy of the foregoing Order was fumished on this ?n{J day of flfl{ ,2023,to the following: Danen J. Elkind, Esq., Paul, Elkind, Branz & Paul, P.A.,il2 E" N; York Ave., Deland, FL 32724;Melissa C. Clarke, Esq., 400 South Orange Ave., Orlando, Florida 32802; and Rebecca E. Rhoden, Esq, and M. Rebecca Wilson, Esq., Lowndes, Drosdick, Doster, Kantor & Reed, P.A.,215 N. Eola Drive, P.O. Box 2809, Orlando, Florida 32802-2809. J