MARIA V. CERDA v. CITY OF CORAL GABLES
Docket: 21-1064
Court: District Court of Appeal of Florida; October 6, 2021; Florida; State Appellate Court
Original Court Document: View Document
Maria V. Cerda petitions for second-tier certiorari review of an April 15, 2021 decision by the Miami-Dade County Circuit Court, which denied her request to quash the Coral Gables City Commission’s approval regarding the Historic Preservation Board's decision not to designate a nearby residence as historic. Cerda, a neighboring resident, is concerned about the potential demolition of the residence. The review focuses on whether the circuit court provided procedural due process and applied the correct law. Cerda claims that her due process rights were violated because the City’s Mayor engaged in ex parte communications with City Commissioners prior to a quasi-judicial hearing and that the circuit court failed to consider these implications. Procedural due process requires notice and an opportunity to be heard. The court's review revealed that the circuit court appellate division had afforded Cerda procedural due process, as she received notice and the opportunity to participate in the proceedings. Consequently, the petition for certiorari is denied, and the court clarifies that its review does not extend to evaluating the impact of the Mayor’s communications on Cerda’s due process rights during the administrative process.