Beck v. Littlefield

68 So. 2d 889, 1953 Fla. LEXIS 1805
Supreme Court of Florida·Decided December 15, 1953·Published·Cited by 14 cases

Opinion

68 So.2d 889 (1953)

BECK et al.
v.
LITTLEFIELD et al.

Supreme Court of Florida. Special Division A.

December 15, 1953.

*890 Cobb & Cole, and Leon F. Stewart, Daytona Beach, for appellants.

Horn & Ossinsky and Alex D. Littlefield, Jr., Daytona Beach, for appellees.

THOMAS, Justice.

The appellants, described in their bill as citizens and residents of Holly Hill, brought suit on behalf of the city and its citizens and taxpayers against Alex D. Littlefield and Bernard M. Beach and their wives, seeking a decree declaring the rights and duties of the respective parties with reference to a parcel of land in the city lying between Dixie Highway, otherwise now known as Riverside Drive, and the Halifax River. They sought also an adjudication that the title to all land east of the street was held by the appellees in trust for the city. They asked the court to "determine the course of the high water line * * * at the time of the recording of the plat entitled `Shore Acres, Riverside Addition'" in 1926 and to confirm in the city the title to all riparian rights where the "right of way borders upon the Halifax River."

It appears from the pleading that the property in question, between the east line of the right-of-way and the river, is of varying width and that in many places the high water mark is west of the original east line of the right-of-way.

For many years, according to the allegations of the pleadings, "successive city administrations * * * have declared it to be the intention of the City * * * to make a riverfront park out of all land lying easterly of said * * * Drive" and north of a certain street. This assertion is lacking in force because the manner of declaration is not set forth and evidently this want is attempted to be supplied by the averment that an ordinance was passed in 1936 prohibiting erection of any buildings on the land. This action is construed by appellants as an expression by the city that the property east of the street should never be improved so the view of residents west of the street would be obstructed. Not only is such an interpretation strained but it completely ignores the lack of power in a city to ordain that an owner may not erect any building on his property, Clearly, such an attempt would run afoul of the guaranty of due process. This is so patent that we make the observation at the risk of being charged with indulging in obiter dicta for the constitutionality of the ordinance is not raised. Miami Shores Village v. State ex rel. Ellis, Fla., 53 So.2d 324.

The appellants represented that, relying on the intention of the city to make the lands into a park and relying on the ordinance, they purchased their properties situated west of the drive and improved them at considerably more cost than would have been the case "had they anticipated that the defendants would claim title to all of said riverfront lands." It is charged that the defendants planned to fill between the upland and the channel and subdivide the area "for the erection of homes" which would result in obstructing appellants' view and interfering with their "right to the pleasant breezes that they now enjoy from the river."

We will now analyze that part of the bill giving a history of the title to the street and the land east of it. The original subdividers owned a tract bounded by the river on the east. When they platted it as a subdivision in 1922, the plat showed at the east side of the easterly lots a strip of land fifty feet in width marked "Dixie Highway" and east of that a twenty-foot *891 strip designated "Reserved". The plat contained no dedication and it cannot be ascertained from it that the east line of the area marked "Reserved" coincided with the high water mark of the river, although it does appear that at one place there was a sizeable triangular parcel jutting into the water.

Further, to complicate the facts, it appears from the bill that the subdividers, in 1926, revised that part of the plat of 1922 which showed the Dixie Highway and the land to the east. On the later plat the highway was widened to one hundred feet, the twenty-foot reserved strip was eliminated and eleven lots three hundred feet in depth, with a total frontage of about eleven hundred and fifty feet, bordered on the west by the east line of Dixie Highway, were shown. This at once is puzzling because from the first map it is not clear that there was any appreciable amount of land east of the highway except the triangular parcel to which we have already referred, but the situation is clarified by reference to the minutes of the town council of 27 June, 1928. Even though the plat of the resubdivision had been recorded, one of the subdividers appeared before the city council, exhibited the plat of the "lands * * * owned by her lying between the Dixie Highway and the Halifax River, and certain submerged lands in the Halifax River adjoining the same, the plat representing the property after the submerged lands shall have been filled in. She also advised the * * * Council that she proposed to secure a deed of conveyance to the submerged lands covered by the plat. After consideration of these matters a motion was duly made * * * [and] seconded * * * that the said plat be approved * * * and that the Town * * * consents to [the subdivider] securing a deed of conveyance to such submerged lands from * * * the Trustees of the Internal Improvement Fund * * *." The motion carried. We have quoted from the minutes.

The next year the Trustees of the Internal Improvement Fund, pursuant to Chapter 7304, Laws of Florida, Acts of 1917, F.S.A. §§ 253.12 to 253.15, conveyed to the subdividers the river bottom in front of the lands described in the plat. Parenthetically, the pleaders challenged the authority of the trustees to issue the deed because the lands were not of the character described in the law but patently this was a matter which could be determined only by evidence of the nature of the land at the time of the deed and no such evidence was introduced.

Inasmuch as all parties to the suit asked for a summary decree, the controversy was decided on documentary evidence which had no bearing on this point; and no one here objects to the procedure that was followed. We do not feel obliged further to explore this phase of the dispute.

Several years passed and the council took action the appellants allege was intended to restrict the use of the property and to discourage the "private ownership thereof, so that the same could eventually be made into a city park * * *." Evidently this averment refers to the ordinance we have mentioned placing "All territory between the Halifax River and the East Side of Beach Street" which we understand to be the same as Riverside Drive and Dixie Highway, in a district known as "Residence `B'". The ordinance further provided that "No buildings of any kind shall be erected in this [Residence B] district."

Eventually title to the property in question vested in the State because of nonpayment of taxes. The appellees made application to purchase it and the Trustees conveyed it to them in 1940. In 1947 they obtained quitclaim deeds from the former owners of the record title.

It appears that the appellee-husbands executed in 1951 a "TEMPORARY SPOIL DISPOSAL EASEMENT GRANT" to the United States of America so that, we presume, the spoil from dredging in the river would be deposited adjacent to their upland and enlarge its area.

It is charged in the bill that the appellees, Alex D. Littlefield and Bernard M. *892

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