Graham v. Edwards, No. 85-184
| Court | Court of Appeal of Florida (US) |
| Writing for the Court | Before SCHWARTZ; HENDRY |
| Citation | 10 Fla. L. Weekly 1663,472 So.2d 803 |
| Decision Date | 02 July 1985 |
| Docket Number | No. 85-184 |
| Parties | 10 Fla. L. Weekly 1663 Bob GRAHAM, Governor of the State of Florida, George Firestone, Secretary of State, Jim Smith, Attorney General, Gerald A. Lewis, Comptroller, William Gunter, State Treasurer, Ralph D. Turlington, Commissioner of Education, and Doyle E. Conner, Commissioner of Agriculture, as and constituting the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, Appellants, v. John R. EDWARDS, Sr., Appellee. |
Page 803
v.
John R. EDWARDS, Sr., Appellee.
Third District.
Rehearing Denied Aug. 6, 1985.
Page 804
Bruce Barkett, Tallahassee, for appellants.
Albury, Morgan & Hendrick, Key West, Messer, Rhodes & Vickers and Terry E. Lewis and Cari L. Roth, Tallahassee, for appellee.
Richard Gentry, Steve Lewis, Tallahassee, for Florida Home Builders Ass'n as amicus curiae.
Before SCHWARTZ, C.J., and HENDRY and DANIEL S. PEARSON, JJ.
HENDRY, Judge.
The appellant/state brings this interlocutory appeal from an order denying its motion to dismiss or in the alternative to transfer venue and granting appellee John Edwards' motion for preliminary injunction. The two issues on appeal are whether the trial court abused its discretion in granting a preliminary injunction against the Board of Trustees of the Internal Improvement Trust Fund (Board) and whether venue is proper only in Leon County, Florida.
The facts giving rise to these issues are as follows. John Edwards is a developer involved with the development of the Sheraton Key Largo, a hotel and resort conference center in Monroe County. He submitted to the Board a request for a lease to construct a commercial docking facility on the sovereign submerged lands behind the proposed Sheraton. Subsequently, the Board adopted a resolution directing the Department of Natural Resources (DNR)
Page 805
not to consent to the use of sovereign submerged lands within Monroe County or to seek the Board's approval for any additional submerged lands leases in the county until the Board was presented with a report on John Pennekamp State Park's coral reefs and Key Largo Coral Reef Marine Sanctuary. The resolution continued in effect until an emergency rule codifying it was filed on November 14, 1984. Fla.Admin.Code Rule 16Q-21.041. The rule provides for a moratorium on leases until rules are adopted for the Florida Keys-Monroe County Aquatic Preserve or the revised Monroe County Comprehensive Plan is adopted, whichever occurs first.Mr. Edwards' counsel advised the DNR that Mr. Edwards intended to construct a private dock of less than 1,000 square feet over the sovereign land behind the proposed Sheraton as section 403. 813(2)(b), Florida Statutes (1983), preempts the requirement to obtain state consent to construct such a dock. This statute provides, in pertinent part, as follows:
403.813 Permits issued at district centers; exceptions.--
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(2) No permit under this chapter, chapter 373, or chapter 253, chapter 61-691, Laws of Florida, or chapter 25214 or chapter 25270, Laws of Florida, 1949, shall be required for activities associated with the following types of projects; however, nothing in this subsection shall relieve an applicant from any requirement to obtain permission to use or occupy lands owned by any water management district in its governmental or proprietary capacity or from complying with applicable local pollution control programs authorized under this chapter or other requirements of county and municipal governments:
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(b) The installation and repair of mooring pilings and dolphins associated with private docking facilities and the installation of private docks, any of which docks:
1. Has ... 1,000 square feet or less....
The DNR advised counsel for Mr. Edwards by letter that such activity was unauthorized and subject to the enforcement provisions of Chapter 253, Florida Statutes (1983), including damages and fines. When the letter from the Board's attorney was received, Mr. Edwards ceased building his dock. He had at that time purchased various materials for the dock, mobilized a work crew and begun construction. His expenditures amounted to $16,450.
Mr. Edwards brought suit in Monroe County Circuit Court for declaratory and injunctive relief against the state. The state made a motion to dismiss or in the alternative to transfer venue. Mr. Edwards made a motion for a preliminary injunction. The trial court denied the state's motion and granted Mr. Edwards' motion for a preliminary injunction. Subsequently, the state filed this interlocutory appeal.
The state contends that the trial court erred in granting a...
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Castillo-Plaza v. Green, CASTILLO-PLAZ
...on the availability of this information, see Thornber v. City of Fort Walton Beach, 568 So.2d 914 (Fla.1990); Graham v. Edwards, 472 So.2d 803 (Fla. 3d DCA 1985), review denied, 482 So.2d 348 (1986), and because it erects a testimonial privilege which may "not [be] lightly created nor expan......
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Breakstone v. MacKenzie, s. 88-2392
...their force without destroying their evident intent. Mann v. Goodyear Tire & Rubber Co., 300 So.2d 666 (Fla.1974); Graham v. Edwards, 472 So.2d 803 (Fla. 3d DCA 1985), review denied, 482 So.2d 348 The supreme court has, by the promulgation of Canon 7 B(2), eliminated any reason for fear of ......
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5F, LLC v. Dresing, 2D13–2793.
...had the authority to prohibit its construction because it was in the public interest to do so. Id. at 112–13 (citing Graham v. Edwards, 472 So.2d 803, 807 (Fla. 3d DCA 1985)); see also Hayes, 91 So.2d at 799 (“[T]he State may dispose of submerged lands under tidal waters to the extent that ......
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Marine One, Inc. v. Manatee County, 87-3656
...it is clear from other Florida cases that revocation of such a permit would not constitute a taking of property. In Graham v. Edwards, 472 So.2d 803, 807 (Fla.Dist.Ct.App.1985), review denied, 482 So.2d 348 (Fla.1986), the court stated that a permit to erect structures on sovereign submerge......
-
Castillo-Plaza v. Green, CASTILLO-PLAZ
...on the availability of this information, see Thornber v. City of Fort Walton Beach, 568 So.2d 914 (Fla.1990); Graham v. Edwards, 472 So.2d 803 (Fla. 3d DCA 1985), review denied, 482 So.2d 348 (1986), and because it erects a testimonial privilege which may "not [be] lightly created nor expan......
-
Breakstone v. MacKenzie, s. 88-2392
...their force without destroying their evident intent. Mann v. Goodyear Tire & Rubber Co., 300 So.2d 666 (Fla.1974); Graham v. Edwards, 472 So.2d 803 (Fla. 3d DCA 1985), review denied, 482 So.2d 348 The supreme court has, by the promulgation of Canon 7 B(2), eliminated any reason for fear of ......
-
5F, LLC v. Dresing, 2D13–2793.
...had the authority to prohibit its construction because it was in the public interest to do so. Id. at 112–13 (citing Graham v. Edwards, 472 So.2d 803, 807 (Fla. 3d DCA 1985)); see also Hayes, 91 So.2d at 799 (“[T]he State may dispose of submerged lands under tidal waters to the extent that ......
-
Marine One, Inc. v. Manatee County, 87-3656
...it is clear from other Florida cases that revocation of such a permit would not constitute a taking of property. In Graham v. Edwards, 472 So.2d 803, 807 (Fla.Dist.Ct.App.1985), review denied, 482 So.2d 348 (Fla.1986), the court stated that a permit to erect structures on sovereign submerge......