RVCA is providing this update in response to the significant interest of residents on this matter.
The Court opined that AHF failed to show that the circuit court applied the wrong law or departed from the essential requirements of law in denying the first-tier certiorari petition, and that AHF’s petition essentially only challenged the City’s factual determination, which the appellate court is not permitted to consider or evaluate on second-tier review. This is effectively the end of AHF’s ability to challenge the City and the Board of Adjustment’s decisions. Furthermore, the U.S. District Court had previously ruled that if the state court denied AHF’s petition for writ of certiorari, AHF’s ADA and FHA claims could NOT proceed. The City will advise the U.S. District Court of the state court’s ruling and advise of any subsequent action or dismissal in response.”