Dougherty ex rel. Eisenberg v. City of Miami

WELLS, J.,

specially concurring.

I concur in the majority opinion concluding that under the law of the case doctrine, the City Commission on remand following Morningside Civic Assoc., Inc. v. Dougherty, 944 So.2d 370 (Fla. 3d DCA 2006), was (1) restricted to a record review of the evidence adduced before the City’s Zoning Appeals Board (ZAB) when reviewing that board’s decision to grant a Class II Special Permit to Petitioner here, and (2) was obligated to state its reasons for rejecting the ZAB’s determination. These two requirements were imposed on the City by the Appellate Division of the…