Sarasota County Anglers Club, Inc. v. Burns
| Citation | 193 So.2d 691 |
| Decision Date | 17 January 1967 |
| Docket Number | No. H--313,H--313 |
| Parties | SARASOTA COUNTY ANGLERS CLUB, INC., and William Cheney, Appellants, v. Haydon BURNS, as Governor of the State of Florida, Fred O. Dickinson, as Comptroller of the State of Florida, Earl Faircloth, as Attorney General of the State of Florida, Broward Williams, as Treasurer of the State of Florida, and Doyle Connor, as Commissioner of Agriculture of the State of Florida, being and constituting the Trustees of the Internal Improvement Fund of the State of Florida, as such Trustees and not individually, the Town of Longboat Key, a Florida municipal corporation, Arvida Corporation, a corporation authorized to do business in the State of Florida, and CC Shores 5, Inc., a corporation authorized to do business in the State of Florida, Appellees. |
| Court | Florida District Court of Appeals |
Harkavy, Doyle, Hasson & Ludacer, Sarasota, for appellants.
Earl Faircloth, Atty. Gen., J. Kenneth Ballinger, Asst. Atty. Gen., Cooney, Palmer & Bergs, and Glenn L. Berry, for appellees.
This is an appeal from an order dismissing a complaint, which was the fourth amended complaint, without allowing for further amendment. Assigned also as error is the court's order dismissing plaintiff's third amended complaint.
The substance of the complaint is that the defendants, Arvida and CC Shores, with the consent and approval of the defendants, the Town of Longboat Key and the Trustees of the Internal Improvement Fund, propose to fill or were engaged in filling submerged land at or off Longboat Key, to the detriment of the use thereof by the plaintiffs and others similarly situated for fishing, bathing and boating. The Town of Longboat Key had established its bulkhead line in 1959. The defendant Arvida is a substantial owner of lands lying within the easterly bulkhead line of the Town, said lands having been sold by the Trustees of the Internal Improvement Fund of Florida to said defendant or its predecessor in title, sometime prior thereto. The town had consented to the dredging and filling of the lands. Also the Trustees had approved the bulkhead and fill and had issued their permit for dredging and filling by the defendant Arvida with respect to the lands owned now by CC Shores 5. The lands in question are bottom lands and were a part of the submerged sovereignty lands of the State of Florida, prior to sale thereof by the Trustees of Internal Improvement Fund of Florida. It is alleged that said lands prior to the filling and dredging were used and usable by the plaintiff-Cheney and The members of the Sarasota County Anglers Club, Inc. the co-plaintiff, and that the fill as already done had ousted the plaintiffs and 'all members of the public similarly situated' from the use of said lands; that the proposed use by the defendant Arvida would prevent the use of and access to the bottoms by the plaintiffs for boating, fishing, etc., and that it constituted a public nuisance.
The plaintiff, Sarasota County Anglers Club, Inc., is a private non-profit corporation acting in behalf of its members, and the plaintiff Cheney is acting in his own behalf as a citizen of Sarasota County. They are praying for a declaratory decree and injunctive relief against the Trustees of the Internal Improvement Fund and the Town of Longboat Key, abating the alleged purporesture and nuisance, and that the land in question be declared to be impressed with a public easement for boating , bathing, navigation, fishing and other public uses, and to have the dredge-fill permit declared illegal and void.
The chancellor requested oral argument on these points:
1. The court does not have jurisdiction of the subject matter.
2. Insufficiency of process.
3. The complaint fails to state a cause of action.
Later, written memorandums or summaries of the oral argument were prepared and filed and are now before this court.
The learned chancellor entered a very comprehensive and extensive order in this...
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Save Sand Key, Inc. v. U.S. Steel Corp., 72--712
...voluntary nonsuit. Accordingly, this controversy is now one solely between Save Sand Key, Inc. and appellee United States Steel.2 193 So.2d 691 (Fla.App.1967), cert. den. Fla., 200 So.2d 178.3 Jacksonville, T. & K.W. Ry. Co. v. Thompson, 34 Fla. 346, 16 So. 282 (1894); Garnett v. Jacksonvil......
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U.S. Steel Corp. v. Save Sand Key, Inc.
...members of the public in the name of that corporation. This precise question was before the Court in Sarasota County Anglers Club, Inc. v. Burns, (Fla.App.,) 193 So.2d 691 (1st DCA--1967), certiorari denied, (Fla.,) 200 So.2d 178 (1967). In this case, an identical-type corporation was organ......
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Krieter v. Chiles
...allowing a citizen the use of public submerged land. Game and Fresh Water Fish Commission, 407 So.2d 189; Sarasota County Anglers Club, Inc. v. Burns, 193 So.2d 691 (Fla. 1st DCA 1967). The appellant made no showing in the record of necessity or that ingress or egress to her property by mea......
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Upper Keys Citizens Ass'n, Inc. v. Wedel
...9 (Fla.1974); Askew v. Hold THE Bulkhead-Save Our Bays, Inc., 269 So.2d 696 (Fla.2d D.C.A.1972) and Sarasota County Anglers Club, Inc. v. Burns, 193 So.2d 691 (Fla.1st D.C.A.1967), for the proposition that in order for a private non-profit citizens' association (such as appellant) to have s......