Dougherty ex rel. Eisenberg v. City of Miami

WELLS, C.J.,

specially concurring.

For the same reasons stated in my special concurrence in Dougherty v. City of Miami, 23 So.3d 156, 163 (Fla. 3d DCA 2009), I agree that the most recent decision from the Appellate Division of the Circuit Court must be quashed:

[WJhile I cannot agree with the reasons set forth by the appellate division in its July 2006 opinion for reversing the City commission’s decision to deny the instant permit, I nonetheless agree with the majority herein that by virtue of that opinion and this court’s refusal to *967review it, the Commission was obligated on remand to: (1)…