Key Biscayne Gateway v. Village of Key Biscayne & Village Council

Key Biscayne Gateway Partners, Inc., seeks review of the trial court’s order dismissing its amended complaint, which sought a writ of mandamus directing the Council and Village of Key Biscayne to approve a proposed site plan. The complaint for the writ of mandamus was based upon allegations of misconduct by the Council and Village.

Mandamus, of course, will lie only to command the performance of a ministerial act. Town of Manalapan v. Rechler, 674 So.2d 789, 790 (Fla. 4th DCA 1996) (“Mandamus is defined as a remedy to command performance of a ministerial act that the person deprived has a…