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IN TH8 CIRCUIT COURT OF THE
NINETEENTH JUDICIAL CIRCUIT,
IN AND FOR ST. LUCIE COUNTY,
-FLORIDA. CIVIL ACTION.
CASE N0. 78-228 CA
JOHN R. REA, ~
Petitioner, ~
v ~ ~ FINAL JUDGMENT
THE COUNTY OF ST. LUCIE, ~ E
FLORIDA, _
Respondent. ~
This cause came on to be heard November 29, 1978, upon oral
argument. The suit seeks either mandamus or certiorari to review
action by the St. Lucie Board of County Commissioners which denied
Petitioner site plan approval. -
The Court finds that the Board has discretion in granting such
s
approval and, therefore, mandamus is not available to Petitioner.
Certiorari is a proper remedy but relief is limited. to situations
in which the Board is shown to have acted in bad faith or in gross
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abuse of discretion. ~
Iii
There is some indication in the transcript of the meeting that
t
several members were dissatisfied with the action of the Board of
Adjustment in granting variances to Petitioner to meet the technical
filing requirements. The Board cannot lawfully act solely in dis-
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agreement with the Board of Adjustment action and to do so would be
f
a gross abuse of discretion. Section 20 of the Comprehensive Zoning
Resolution provides that any "board...of the County aggrieved by any
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decision of the Board of Adjustment may...apply to the courts for
relief...." The Board of County Commissioners is bound by its own ~
resolution to seek in the court system any reversal of Board of
Adjustment action and may not directly or indirectly accomplish such
by its own vote.
On site plan review, the Board of County Commissioners is not
limited to determining compliance with technical filing requirements
but
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