Second District Court of Appeal Rejects Second-Tier Cert Petition, Hands Brannock Humphries & Berman Second Appellate Win

After prevailing in front of the circuit court late last year, Brannock Humphries & Berman once again succeeded in fending off a resident’s challenge to Sarasota County’s approval of a 23-acre mixed-used development at the busy intersection of Stickney Point Road and U.S. Highway 41, near the entrance to Siesta Key.

The proposed project includes a mix of residential, hotel, retail, and office space.  It previously survived an extensive administrative review in front of the county’s planning board and was later approved by the Sarasota Board of County Commissioners.  A circuit court then denied a petition for writ of certiorari that sought appellate review of the county’s decision to green-light the proposal. 

Following the circuit court’s decision, a local resident who objected to the development sought second-tier review in the Second District Court of Appeal.  Brannock Humphries & Berman took the lead on briefing the issues on appeal, arguing that the resident was improperly attempting to challenge the county’s legislative policy decisions, which are not subject to certiorari review.  Brannock Humphries & Berman also pointed out, both in the written briefs and during a virtual oral argument held in late June, that the county’s zoning decision was well supported by the evidence.  

Today, the Second District agreed with Brannock Humphries & Berman.  The court issued a per curiam denial of the petition, clearing another hurdle for this long-awaited development.