Askew v. Taylor, U--63

• Decision Date: 25 July 1974
• Docket Number: No. U--63,U--63
• Parties: Reubin O'D. ASKEW, Governor of the State of Florida, et al., Appellants, v. Luther M. TAYLOR, Trustee, Appellee.
• Court: Florida District Court of Appeals

Page 72

299 So.2d 72

Reubin O'D. ASKEW, Governor of the State of Florida, et al., Appellants, v. Luther M. TAYLOR, Trustee, Appellee.

No. U--63.

District Court of Appeal of Florida, First District.

July 25, 1974.

Rehearing Denied Sept. 9, 1974.

Robert L. Shevin, Atty. Gen., and Arthur C. Canaday, Asst. Atty. Gen., for appellants.

Luther M. Taylor, Ryan, Taylor & Law, North Palm Beach, for appellee.

RAWLS, Chief Judge.

On January 24, 1967, the minutes of the meeting of the Trustees of the Internal Improvement Fund of the State of Florida reflect the following transaction:

'. . . On December 13, 1966, the Trustees considered application from Lucille deTar Colyer, abutting upland owner, with offer of $1,453.75 per acre, appraised price, for purchase of a tract of submerged land in Lake Worth . . .sometimes known as Little Munyon Island, containing 15.114 acres, more or less, within an established bulkhead line in Palm Beach County. Notice of sale was published in the Palm Beach Post, proof of publication filed.

'Letter from the Mayor of the Town of Palm Beach Shores, located nearly two miles south of the proposed sale, reaffirmed opposition, set out in Town Resolution No. 56, to any sale of bottom land in Lake Worth and any dredging of state-owned land to be used as fill.

'In view of the fact that the dredging operation would be largely within the right of way of the intercoastal waterway, and the parcel was in an area where previous dredging activities for navigation and reclamation had substantially destroyed the prime spawning and feeding grounds, the Staff felt that the objection should be overruled and the sale confirmed. The Florida Board of Conservation previously reported on the siltation in Lake Worth.'

The Trustees confirmed sale of the advertised parcel to the riparian owner.

The sum of $21,900.00 was duly paid to the State of Florida by the riparian owner for the submerged land. The minutes of the Trustees' meeting held on January 30, 1968, reflected the following:

'. . . Staff presented for approval a fill permit issued by the Village of North Palm Beach by Resolution No. 328--67 . . . to fill the 15.114 acres of submerged land in Lake Worth abutting Little Munyon Island . . ..

'As required by provisions of the new law, the Village of North Palm Beach secured a biological report on the area to be filled, and the letter date October 19, 1967, from the marine biologist stated that although the subject area presently has limited value as a nursery and feeding ground, he recommended denial of the fill application, that filling around Little Munyon Island would cover shallow marine soils that support seagrass growth that apparently is limited only by insufficient sunlight, and that the project would not be compatible with local and statewide interest in rehabilitation of Lake Worth.

'Staff reviewed the biological report and in recognition of the fact that the parcel was confirmed for sale to the abutting upland owners on January 24, 1967, and a deed issued on March 13, 1967, which action was based upon the biological report previously prepared, it was the recommendation of the Staff that the dredge and fill permit issued by the Village of North Palm Beach be approved, conditioned upon the applicant securing all material from the adjacent intracoastal waterway and performing the dredging operations in such a manner as to prevent silting along the frings of the area to be filled.' (Emphasis supplied.)

The Trustees overruled the staff's recommendation by unanimously denying the application.

Subsequent efforts to procure administrative relief by the purchaser were to no avail, thus the instant suit...