Small Town News

El Charo petitions for review in First Judicial Circuit

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Jack Bell and Freddie Lopez, through attorney Bert Moore, petitioned on Nov. 4 for a review (writ of certiorari) and relief from a prior denial of special approval by the DeFuniak Springs Planning Board and the DeFuniak Springs City Council in the First Judicial Circuit in and for Walton County.

The petition filed states, "Pursuant to Florida Rules of Appellate Procedure 9.100 (c) Jack Bell (Bell) and Freddie Lopez (Lopez) by and through the undersigned attorney and petition this court for Writ of Certiorari to review the decision of the City Council of the DeFuniak Springs Florida denying special approval for the establishment of a tavern in the City of DeFuniak Springs."

The petition states that the basis for invoking jurisdiction and the nature of the relief sought by Bell and Lopez is, "The circuit court has jurisdiction to review the final order of a single city Council pursuant to article V section 5 (b) of the Florida Constitution and Florida Rules of Appellate Procedure 9.030 (c) (1) (c).

Petitioners Bell and Lopez request that the Court determine that the denial by the DeFuniak Springs City Planning Board and the City Council of the request for special approval of an establishment to be known as EI Charo was not supported by competent substantial evidence and should be overturned and the City Planning Board should be ordered to recommend to the City Council approval of the special approval application."

The argument made by Bell and Lopez for relief is summed up in the petition thus, "The City Council was in error in accepting the Planning Board recommendation. Bell and Lopez met all objective criteria as set forth in the city ordinances. The decision to deny the request for special approval was not based upon any objective criteria but was arbitrary and capricious. Because there were no objective criteria set forth in the ordinances there can be no competent substantial evidence to support the decision of the City Council."

In the petition filed, Bell and Lopez have requested for a hearing by a three-judge panel. According to the petition, administrative order 94-48 provides for three-judge panels in Escambia and Santa Rosa counties and single-judge appellate panels in Okaloosa and Walton counties.

If certiorari is granted, the petition will be heard in either Santa Rosa or Escambia County.

"Mr. Bell and Mr. Lopez believe that the establishment they seek to open is lawful under the ordinances and that the City Council and planning board are in error in denying their application," said Moore after filing the petition.

The Herald will continue to report on this case as it evolves. Alicia Leonard can be reached at alicia@de-funiakherald.com



Copyright 2009 The DeFuniak Springs Herald, DeFuniak Springs, Florida. All Rights Reserved. This content, including derivations, may not be stored or distributed in any manner, disseminated, published, broadcast, rewritten or reproduced without express, written consent from SmallTownPapers, Inc.

© 2010 The DeFuniak Springs Herald DeFuniak Springs, Florida. All Rights Reserved. This content, including derivations, may not be stored or distributed in any manner, disseminated, published, broadcast, rewritten or reproduced without express, written consent from DAS.

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