TO: Honorable Mayor & Members of the North Port Commission
FROM: Jonathan R. Lewis, ICMA-CM, City Manager
TITLE: Discuss whether to appeal the recent order in Neuman v City of North Port; Circuit Court Case # 2016 CA 000427 NC.
Recommended Action
Discuss whether to appeal the recent order in Neuman v City of North Port; Circuit Court Case # 2016 CA 000427 NC.
Background Information
Attached is a recent order from circuit court in the case Neuman v. City of North Port; Circuit Court Case No. 2016 CA 000427 NC.
On an appeal, the District Court's review of the circuit court's decision is limited to determining whether the circuit court afforded procedural due process and applied the correct law or, stated differently, whether the circuit court departed from the essential requirements of law.
Allstate Ins. Co. v. Kaklamanos, 843 So.2d 885, 889 (Fla.2003) ("A district court should exercise its discretion to grant certiorari review only when there has been a violation of a clearly established principle of law resulting in a miscarriage of justice.")
The Neuman's filed this case to appeal the City Commission's denial of their application for a special exception for the use of puppy kennel at 1668 Tropicare Boulevard.
The court concluded the Neuman's were not accorded procedural due process, and remanded the matter back to the City Commission for further proceedings. In other words, the Neumans are entitled to another hearing before the City Commission concerning their application for a special exception.
Discussions with the Neuman's attorney regarding the appropriate "further proceedings" are on-going. Neuman's attorney has not said what his clients want to do.
Pursuant to Rules of Appellate Procedure Rule 9.100 (c) the City has a limited amount of time to file an appeal, if one is desired.
Attorney Maggie Mooney-Portale, (http://www.swflgovlaw.com/attorneys/maggie-mooney-portale/) will continue serving as the Commission's attorney in this matter. T...
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