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
Petitioner, No. 07-000002AP-88A
Florida municipal corporation, and
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 sought review of code enforcement violations levied against one of its
mobile home parks by the City of
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
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.
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
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
Original order entered on January 21, 2010 by Linda R. Allan, George W. Greer, and John A. Schaefer.