SOUTH LAKE WORTH INLET DIST. v. OCEAN RIDGE

Nos. 90-3253, 90-3261 and 90-3265.

633 So.2d 79 (1994)

SOUTH LAKE WORTH INLET DISTRICT, Appellant, v. TOWN OF OCEAN RIDGE; Inlet Plaza Condominium, Inc.; McCormick Mile Beach Club, Inc.; and State of Florida Department of Natural Resources, Appellees. TOWN OF MANALAPAN; Thomas J. Kelly; Dirk Brady as Trustee; Peter Blum and Maureen Blum, his wife; and L.C. Paslay and Aileen H. Paslay, Appellants, v. TOWN OF OCEAN RIDGE; Inlet Plaza Condominium, Inc.; McCormick Mile Beach Club, Inc.; and State of Florida Department of Natural Resources, Appellees. PALM BEACH COUNTY, Appellant, v. TOWN OF OCEAN RIDGE; Inlet Plaza Condominium, Inc.; McCormick Mile Beach Club, Inc.; and State of Florida Department of Natural Resources, Appellees.

District Court of Appeal of Florida, Fourth District.

Clarification/Modification Denied March 18, 1994.


Attorney(s) appearing for the Case

John Beranek of Aurell, Radey, Hinkle, & Thomas, Tallahassee, and James McC. Wearn of James McCartney Wearn, P.A., West Palm Beach, for South Lake Worth Inlet Dist.

Jane Kreusler-Walsh and Randy D. Ellsion of Jane Kreusler-Walsh, P.A., H. Laurence Cooper, Jr., of Brackett, Cook, Sned, Welch, Hewitt, D'Angio & Tucker, and John C. Randolph of Jones, Foster, Johnston & Stubbs, P.A., West Palm Beach, for Town of Manalapan, Thomas J. Kelly, Dirk Brady, Peter Blum, Maureen Blum, L.C. Paslay and Aileen H. Paslay.

Christopher D. Mauriello, Sharron M. Pitts and Jacqueline S. Miller, Asst. County Attys., West Palm Beach, for Palm Beach County.

David P. Ackerman, Scott J. Link and Roy E. Fitzgerald of Gunster, Yoakley & Stewart, P.A., and Paul J. Nicoletti and Phyllis S. Block of Paul J. Nicoletti, P.A., West Palm Beach, for Town of Ocean Ridge, Inlet Plaza Condominium Inc., and McCormick Mile Beach Club Inc.

Kenneth J. Plante, Gen. Counsel, and Eugene E. McClellan, Jr., Deputy Gen. Counsel, Tallahassee, for State of Florida Dept. of Natural Resources.

Clifton A. McClelland of Potter, McClelland, Marks & Healy, P.A., Melbourne, for amicus curiae Sebastian Inlet Tax Dist.


FARMER, Judge.

We have at hand three separate appeals from the same judgment, all of which emanate from the same trial before the same circuit judge. Because his judgment as to each appellant is founded wholly on the same core of operative facts, we consolidate these appeals and decide them together. Moreover, as our opinion will make clear, there is a single legal error which we conclude requires a reversal as to all parties.

The subject of the case is sand...

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