NOTICE: THIS OPINION
IS SUBJECT TO REVISION OR WITHDRAWAL
UNTIL TIME EXPIRES FOR REHEARING OR FURTHER APPELLATE
REVIEW AND, IF FILED, DETERMINED
Petition
for Writ of Certiorari to Review Quasi-Judicial Action: Agencies, Boards, and
Commissions of Local Government: APPELLATE
PROCEDURE – improper relief – constitutional challenges – Petition only
involves constitutional challenges to the City’s code – constitutional
challenges to code must be brought as an original action in circuit court -
Petition dismissed. Morningside East Condominium I Assoc. v. City of
IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT
IN AND
APPELLATE DIVISION
MORNINGSIDE EAST CONDOMINIUM I
ASSOCIATION,
Petitioner,
vs. Appeal
No. 07-0070AP-88A
UCN522007AP000070XXXXCV
CITY OF
and
MUNICIPAL CODE ENFORCEMENT
BOARD OF THE CITY OF
Respondents.
__________________________________________/
THIS
CAUSE came before the Court on the Respondents’ Amended Motion to Dismiss and
the Petitioner’s Response to Amended Motion to Dismiss. The Petitioner does not dispute that it was
issued an Affidavit of Compliance, on December 12, 2007, for correcting all the
code violations for which it was cited in Case 43-07, but argues collateral
issues raised by the Petition warrant this Court’s review. However, the only issues raised in the
Petition for Writ of Certiorari involve constitutional challenges to the City
of
Therefore, it is,
ORDERED AND ADJUDGED that the above-styled Petition is dismissed.
DONE AND ORDERED in Chambers,
at
_________________________________
JOHN
A. SCHAEFER
Circuit Judge, Appellate Division
______________________________ ______________________________
GEORGE W. GREER GEORGE
M. JIROTKA
Circuit Judge, Appellate Division Circuit Judge, Appellate
Division
Copies furnished to:
Douglas L. Hilkert, Esquire
Andrew J. Salzman, Esquire
Post Office Box 15309