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PALMER TRINITY SCH., INC. v. VILLAGE OF PALMETTO BAY

No. 3D09-1587.

31 So.3d 260 (2010)

PALMER TRINITY PRIVATE SCHOOL, INC., Petitioner, v. VILLAGE OF PALMETTO BAY, Florida, et al., Respondents.

District Court of Appeal of Florida, Third District.

March 24, 2010.

Attorney(s) appearing for the Case

Bilzin Sumberg Baena Price & Axelrod and Stanley Price and Eileen Ball Mehta, Miami, for petitioner.

Figueredo, Boutsis & Montalvo and H. James Montalvo, Miami; W. Tucker Gibbs, Coconut Grove, for respondents.

Before ROTHENBERG, LAGOA, and SALTER, JJ.

LAGOA, J.

Palmer Trinity Private School, Inc. (hereinafter "Palmer Trinity") seeks second tier certiorari review of a circuit court appellate division decision affirming the Village of Palmetto Bay's (the "Village") decision to deny Palmer Trinity's application to rezone its property. Because the appellate division's decision is a departure from the essential requirements of law resulting in a miscarriage of justice, we grant the petition.

I. FACTUAL AND...

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