MANATEE CTY. v. CITY OF BRADENTON, 828 So.2d 1083 (Fla.App. 2 Dist. 2002)

Case No. 2D01-5221District Court of Appeal of Florida, Second District.
Opinion filed October 25, 2002.

Petition for Writ of Certiorari to the Circuit Court for Manatee County; Janette Dunnigan, Judge.

Page 1084

James A. Minix, Senior Assistant County Attorney, Bradenton, for Petitioner.

Kevin T. Wells, Sarasota, for Amicus Curiae Richard B. Bishop.

William R. Lisch and John P. Harllee III, Bradenton, for Respondent.

KELLY, Judge.

Manatee County petitions for a writ of common law certiorari to quash an order of the circuit court sitting in its appellate capacity. The order denied the county’s amended petition for writ of certiorari which challenged an ordinance enacted by the City of Bradenton. The disputed ordinance annexed real property located in an unincorporated portion of Manatee County into the city.

In its review of the ordinance, the circuit court applied the proper standard for certiorari review of an administrative action as set out inHaines City Community Development v. Heggs, 658 So.2d 523, 530 (Fla. 1995). The court considered: 1) whether the agency action afforded the parties procedural due process; 2) whether the essential requirements of law were observed; and 3) whether the agency action is supported by competent, substantial evidence.

This court may review only “whether the circuit court afforded procedural due process and whether the circuit court applied the correct law.” Id. Manatee County acknowledged that this was the appropriate standard of review, but argued only that the circuit court misinterpreted what the parties agree are the applicable statutes.[1] Because Manatee County did not demonstrate that the circuit court applied the wrong law, but rather argued that it misapplied the correct law, the petition for writ of certiorari is denied. See Martin County v. City of Stuart, 736 So.2d 1264 (Fla. 4th DCA 1999).

DAVIS and SILBERMAN, JJ., Concur.