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GAGNON v. BD. OF TRUSTEES

No. 98-02267.

730 So.2d 814 (1999)

Donald K. GAGNON, Appellant, v. BOARD OF TRUSTEES OF the INTERNAL IMPROVEMENT FUND OF the STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 9, 1999.

Attorney(s) appearing for the Case

Andrew M. Tobin and James S. Mattson of Mattson & Tobin, Islamorada, for Appellant.

David G. Pius, Senior Assistant General Counsel, Tallahassee, for Appellee.

PATTERSON, Judge.

Donald Gagnon appeals from the trial court's dismissal of his action to quiet title for having failed to exhaust his administrative remedies. We reverse.

This case involves chapter 8537, Laws of Florida (1921), commonly referred to as the "Butler Act," later codified as section 271.01, Florida Statutes (repealed by implication 1951, expressly repealed 1957). The Butler Act granted title to submerged lands to riparian owners when those submerged...

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