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LAKE HAMILTON LAKESHORE OWNERS ASSOCIATION, INC. v. NEIDLINGER

No. 2D15-1402.

198 So.3d 736 (2016)

The LAKE HAMILTON LAKESHORE OWNERS ASSOCIATION, INC., a Florida not-for-profit corporation, on behalf of its Members, Appellant, v. Wayne L. NEIDLINGER, d/b/a Captain Fred's Airboat Nature Tours; and Lake Hamilton Commerce & Storage Center, Inc., a Florida corporation, Appellees.

District Court of Appeal of Florida, Second District.

February 24, 2016.

Attorney(s) appearing for the Case

Douglas A. Lockwood, III , and Alexander M. Landback of Straughn & Turner, P.A., Winter Haven, for Appellant.

Daniel P. Rooney of the Law Office of Allan L. Casey, Winter Haven, for Appellee Wayne L. Neidlinger.

No appearance for Appellee Lake Hamilton Commerce & Storage Center, Inc.

The Lake Hamilton Lakeshore Owners Association (the Association) sued Wayne Neidlinger, d/b/a Captain Fred's Airboat Nature Tours (Mr. Neidlinger), alleging that his airboat activities on Lake Hamilton constituted a nuisance. The trial court dismissed the complaint with prejudice, finding that state law preempted the claim. The trial...

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