SHORE VILLAGE OWNERS' ASSOCIATION, INC. v. DEPARTMENT OF ENV. PROTECTION

No. 4D01-3205.

824 So.2d 208 (2002)

SHORE VILLAGE PROPERTY OWNERS' ASSOCIATION, INC., Sandra Henry, Rebecca Farris and Robert Ruston, Appellants, v. The STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, George I. Waidner, Jr., Peter Anania, and Delores Anania, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied September 4, 2002.


Attorney(s) appearing for the Case

William E. Guy, Jr., and John S. Yudin, of Guy & Yudin, LLP, Stuart, for appellants.

Kenneth G. Spillias, and Kevin S. Hennessy of Lewis, Longman & Walker, P.A., West Palm Beach, for appellees.


MAY, J.

The ancient doctrine of riparian rights in today's world sets the stage for this appeal. The main appeal contests the trial court's ability not only to declare the existence of riparian rights, but to what extent those rights included the building of a specific dock. The cross-appeal disputes the court's ruling on the existence of riparian rights as part of an easement, and claims that by finding an unfair burden on the servient tenement, there can be no riparian...

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