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LEISURE RESORTS, INC. v. CITY OF WEST PALM BEACH

No. 4D02-4222.

864 So.2d 1163 (2003)

LEISURE RESORTS, INC., a Delaware corporation, Appellant, v. The CITY OF WEST PALM BEACH, a Florida municipal corporation, Board of Trustees of the Internal Improvement Trust Fund and State of Florida Department of Environmental Protection, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied February 23, 2004.

Attorney(s) appearing for the Case

Bruce Rogow and Beverly A. Pohl of Bruce S. Rogow, P.A., Fort Lauderdale, for appellant.

Jane Kreusler-Walsh of Jane Kreusler-Walsh, P.A., West Palm Beach, and Brian B. Joslyn and John R. Young of Boose, Casey, Ciklin, Lubitz, Martens, McBane & O'Connell, West Palm Beach, for appellee The City of West Palm Beach.

GUNTHER, J.

Leisure Resorts, Inc. appeals a directed verdict awarded to the City of West Palm Beach on the issues of causation and damages arising in a breach of lease and quiet title action. We affirm.

In 1968, the City entered into a 99-year lease with West Palm Beach Marina, Inc. for the 19.5-acre Palm Harbor Marina. Of those 19.5 acres, fourteen acres were submerged property and 5.5 acres were waterfront property referred to as the "uplands." The uplands...

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