COTTONGIM v. BD. OF COLLIER COUNTY COM'RS

No. 83-2566.

463 So.2d 1199 (1985)

Virgil L.D. COTTONGIM and Betty J.W. Cottongim, Husband and Wife, Appellants, v. BOARD OF COLLIER COUNTY COMMISSIONERS, Avatar Properties, Inc., f/k/a Gulf American Corporation, and Collier Water Management District Number 1, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied February 26, 1985.


Attorney(s) appearing for the Case

Virgil L.D. Cottongim, pro se.

George H. Knott and Kenneth A. Jones of Humphrey, Jones & Myers, P.A., Fort Myers, for appellee Avatar Properties, Inc.


RYDER, Chief Judge.

Virgil and Betty Cottongim, plaintiffs below, appeal from a final summary judgment declaring that a certain spoil bank located on the Cottongims' real property is the personal property of Avatar Properties, Inc. (Avatar). We reverse.

The facts are not in dispute. Beginning in 1962, Avatar developed a residential subdivision in Collier County known as Golden Gate Estates. As part of the development, Avatar dug canals and cast the dirt or...

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