Staff Reports
The 1st District Court of Appeals on Monday sided with Riverside residents petitioning against “The Roost,” a restaurant zoning approved by the Jacksonville City Council in 2016.
At issue: A petition for certiorari filed by a those opposing the planned use development, which was approved by quasi-judicial order. The developers had contended that such a filing was untimely.
The petition was filed on the last of the 30 days in the jurisdictional window, and the developers contended that the filing was late, due to some issues on the end of the Jacksonville City Council vis-à-vis dealing with an appendix filed by the petitioner.
Per city ordinance, “the date upon which certified mail is sent has always been the determinative date of finality for
its quasi-judicial proceedings involving required notice to affected parties.”
As a result, the circuit court can now hear the case on its merits, deciding whether or not the zoning decision ultimately can stand.
