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CITY OF AUBURNDALE v. TOWN OF POLK CITY

No. 2D04-4441.

898 So.2d 1101 (2005)

CITY OF AUBURNDALE, a Florida municipal corporation created under the laws of the State of Florida, Petitioner, v. TOWN OF POLK CITY, a Florida municipal corporation created under the laws of the State of Florida, Respondent.

District Court of Appeal of Florida, Second District.

March 30, 2005.

Attorney(s) appearing for the Case

Susan Fleischner Kornspan of Greenberg Traurig, P.A., West Palm Beach, and Elliot H. Scherker and Daniel M. Samson of Greenberg Traurig, P.A., Miami, for Petitioner.

Jonathan Stidham and Jeffrey Sullivan of Stidham & Stidham, Bartow, for Respondent.

CASANUEVA, Judge.

In response to the City of Auburndale's approval of an annexation ordinance, the Town of Polk City petitioned the circuit court for certiorari review of administrative action. The circuit court granted certiorari, quashed Auburndale's approval of the ordinance, and invalidated the ordinance. On Auburndale's second-tier petition for certiorari, this court is limited to determining whether there was a lack of procedural due process or a departure from...

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