Petition for Writ of Certiorari to Review Quasi-Judicial Action: Agencies, Boards, and Commissions of Local Government: APPELLATE PROCEDURE – improper relief – where party seeking relief from code enforcement board decision ceased ownership of subject property during pendency of petition, and code enforcement board decision was stayed pending resolution of petition, Court could no longer grant Petitioner any effectual relief – petition is therefore moot – petition dismissed.  Key Largo Communities Corporation v. City of Largo, No. 07-0002AP-88A (Fla. 6th Cir. Ct. App. Div. Jan. 21, 2010).

 

NOT FINAL UNTIL TIME EXPIRES FOR

 REHEARING AND, IF FILED, DETERMINED

 

IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT

IN AND FOR PINELLAS COUNTY, FLORIDA

APPELLATE DIVISION

 

 

KEY LARGO COMMUNITIES

CORPORATION, a Florida

corporation,

           

                        Petitioner,                                           No. 07-000002AP-88A

                                                                                    UCN 522007AP000002XXXXCV

v.                                                                                

 

CITY OF LARGO, FLORIDA, a

Florida municipal corporation, and

CITY OF LARGO, FLORIDA, CODE

ENFORCEMENT BOARD,

 

                        Respondent.

_______________________________/

 

ORDER LIFTING STAYS AND DISMISSING

 PETITION FOR WRIT OF CERTIORARI

 

            THIS MATTER is before the Court   on its own Motion.  Both this Petition, and the underlying order being appealed, have been stayed since shortly after filing due to a related action in the Civil Division, Key Largo Communities Corporation v. City of Largo, No. 06-8091-CI-11.   As a final order has been entered in the civil action and the time for appeal has passed, a lifting of the stays and review of this Petition is now appropriate.  However, the Court finds that, due to changed circumstances during the pendency of the Petition, the Petition must be dismissed as moot.

            Key Largo sought review of code enforcement violations levied against one of its mobile home parks by the City of Largo.  The City had found 14 of the park’s mobile homes uninhabitable, and its order required Key Largo to either bring those homes into compliance within 90 days or to demolish them.

            However, on January 23, 2007, this Court stayed enforcement of the City’s order pending review of this Petition.   Further, on April 13, 2007, this Court stayed review of this Petition pending resolution of the civil matter.  Therefore, it appears that no action was ever taken by the City of Largo pursuant to the order to be reviewed in this matter.

            Further, on April 6, 2009, title to the mobile home park passed to a lending company after the park was foreclosed upon.  Neither party has made any subsequent filings.

            As Key Largo no longer owns the subject property, and the City was stayed from enforcing its order during the time Key Largo still owned the property, the Court is unable to grant Key Largo any effectual relief.  Under such circumstances, an appeal becomes moot.  See A.G. v. Department of Children & Family Services, 932 So. 2d 311, 313 (Fla. 2d DCA 2006). 

            Therefore, it is

            ORDERED that the stays entered by this Court on January 23, 2007, and April 13, 2007, are hereby lifted.  It is further

            ORDERED AND ADJUDGED that the Petition for Certiorari be, and the same hereby is, DISMISSED.

            DONE AND ORDERED in Chambers at Clearwater, Pinellas County, Florida, this ___ day of January, 2010.

Original order entered on January 21, 2010 by Linda R. Allan, George W. Greer, and John A. Schaefer.