COUNTY OF MANATEE v. VOTEY

No. 72-45.

293 So.2d 719 (1974)

COUNTY OF MANATEE, a Political Subdivision of the State of Florida, Appellant, v. Charles H. VOTEY, Jr. and Angelina Votey, His Wife, Appellees.

District Court of Appeal of Florida, Second District.

May 1, 1974.


Attorney(s) appearing for the Case

Donald B. Hadsock of Goodrich, Hampton, Thompson & Boylston, Bradenton, for appellant.

Robert P. Knowles, and Robert H. Schultz, Bradenton, for appellees.


MANN, Chief Judge.

Does Palm Avenue go to the Manatee River? Yes. The trial judge's decision to the contrary rests on a misapprehension of the law as it relates to riparian rights.

Since 1897 various plats have shown streets in the former Town of Ellenton extending southward to the waters of the Manatee River. Lying between these streets were undesignated parcels, ostensibly of land, but actually of mangrove and worse. In fact, at the foot of Palm Avenue there...

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