MARIA
v.
CERDA V. CITY OF CORAL GABLES
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Maria V. Cerda seeks second-tier certiorari review of a circuit court decision that denied her petition to quash the City of Coral Gables' approval of its Historic Preservation Board's decision not to designate her neighbor's residence as historic. Cerda argued the circuit court violated procedural due process by failing to consider her argument that the Mayor's ex parte communications to City Commissioners violated her due process rights.
The court denied Cerda's petition, finding that the circuit court appellate division provided Cerda with procedural due process by affording her notice of proceedings and an opportunity to be heard. The court's limited second-tier certiorari review does not extend to whether the Mayor's alleged ex parte communications actually deprived Cerda of due process during the administrative process.
[1] On second-tier certiorari review, the court's inquiry is limited to whether the lower tribunal provided procedural due process through notice and opportunity to be heard,…
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Join FLexlaw to unlock all legal intelligence“The two elements of procedural due process are notice and opportunity to be heard.”
Court's articulation of the standard for procedural due process in certiorari review
Cerda lives next door to a residence that the City of Coral Gables' Historic Preservation Board decided not to designate as historic, making it eligib…
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Opinion filed October 6, 2021. Not final until disposition of timely filed motion for rehearing.
________________ No. 3D21-1064 Lower Tribunal No. 20-130AP ________________ Maria V. Cerda,
Petitioner,
vs.
City of Coral Gables, et al., Respondents.
On Petition for Writ of Certiorari from the Circuit Court for Miami-Dade County, Appellate Division, Lisa S. Walsh, Daryl E. Trawick and Miguel M. de la O, Judges. David J. Winker, P.A., and David J. Winker, for petitioner. White & Case LLP, and Raoul G. Cantero and W. Dylan Fay; John C. Lukacs, P.A., and John C. Lukacs, Sr.; Miriam S. Ramos, City Attorney, for respondents. Before EMAS, LOGUE and SCALES, JJ. PER CURIAM.
Maria V. Cerda petitions this Court for second-tier certiorari review of an April 15, 2021 decision of the Miami-Dade County Circuit Court. The circuit court appellate division denied Cerda’s petition for writ of certiorari seeking to quash the Coral Gables City Commission’s approval of the City’s Historic Preservation Board’s decision not to designate a certain residence as historic. Cerda lives next door to that residence, which is now eligible for demolition.
Our review on second-tier certiorari is limited to whether the circuit court afforded procedural due process and applied the correct law. Somerset Acad., Inc. v. Miami-Dade Cnty. Bd. of Cnty. Comm’rs, 314 So. 3d 597, 598 (Fla. 3d DCA 2020); City of Miami v. Cube 3585, LLC, 278 So. 3d 324, 325 (Fla. 3d DCA 2019).
In her petition to this Court, Cerda argues that the circuit court violated procedural due process: (i) by not considering an argument raised in her initial brief that, during the City’s historic designation review process, the City’s Mayor violated her due process rights by his ex parte communications to City Commissioners before a quasi-judicial hearing; and concomitantly, (ii) by not considering the due process implications of the Mayor’s conduct.
The two elements of procedural due process are notice and opportunity to be heard. Keys Citizens for Responsible Gov’t, Inc. v. Fla. Keys Aqueduct Auth., 795 So. 2d 940, 948 (Fla. 2001). Thus, on second-tier certiorari review, our due process inquiry is generally limited to whether the lower tribunal provided a petitioner with notice of its proceedings and an opportunity to be heard in those proceedings. Because our record reflects that the circuit court appellate division provided Cerda with procedural due process, we are compelled to deny Cerda’s petition.1 Petition denied.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Keys Citizens for Responsible Gov't, Inc. v. Fla. Keys Aqueduct Auth., 795 So. 2d 940 (Fla. 2001)
- City of Miami v. Cube 3585, LLC (Fla. 3d DCA 2019)