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STATE BD. OF TRUSTEES v. KEY WEST CONCH

No. 95-1275.

683 So.2d 144 (1996)

STATE of Florida, BOARD OF TRUSTEES OF the INTERNAL IMPROVEMENT TRUST FUND, Appellant, v. KEY WEST CONCH HARBOR, INC., Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 13, 1996.

Attorney(s) appearing for the Case

Maureen M. Malvern, John W. Costigan and Nona R. Schaffner, Tallahassee, for appellant.

Mattson & Tobin, James S. Mattson and Andrew M. Tobin, Key Largo, for appellee.

Before BARKDULL, NESBITT and GERSTEN, JJ.

BARKDULL, Judge.

Beginning in 1942, plaintiff, Key West Conch Harbor's, predecessor in title, obtained several permits from the Army Corps of Engineers for dredging and improving offshore submerged lands in Garrison Bight.1 This predecessor in title bulkheaded and filled a parcel for which it received a Chapter 8537, Laws of Florida 1921 ("Butler Act") deed in 1951 (referred to as Parcel B in...

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