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FLA. D.N.R. v. RY. MARKETING CORP.

No. 85-339.

485 So.2d 840 (1986)

FLORIDA DEPARTMENT OF NATURAL RESOURCES, et al, Appellants, v. RAILWAY MARKETING CORPORATION, Etc., Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied April 2, 1986.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., and Louis F. Hubener, Asst. Atty. Gen., Tallahassee, for appellants.

Michael L. Rosen, of Holland & Knight, Tallahassee, and Clark A. Stillwell, of Brannen, Stillwell & Perrin, Inverness, for appellee.

COWART, Judge.

This case involves the concept of estoppel as applied to the State's assertion of title to lands claimed to be sovereignty lands.

About 1962 the then owner of certain uplands (being appellee's remote predecessor in title) erected a seawall at some point near the shoreline of Crystal River in Citrus County, Florida, and filled the lowlands lying landward of the seawall. The erection of the seawall and the filling apparently was done without approval...

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