Lozman v. City of Riviera Beach

133 S. Ct. 735, 184 L. Ed. 2d 604, 568 U.S. 115, 23 Fla. L. Weekly Fed. S 556, 2013 WL 149633, 81 U.S.L.W. 4043, 2013 U.S. LEXIS 907, 2013 A.M.C. 1
CourtSupreme Court of the United States
DecidedJanuary 15, 2013
Docket11-626
StatusPublished
Cited by101 cases

This text of 133 S. Ct. 735 (Lozman v. City of Riviera Beach) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lozman v. City of Riviera Beach, 133 S. Ct. 735, 184 L. Ed. 2d 604, 568 U.S. 115, 23 Fla. L. Weekly Fed. S 556, 2013 WL 149633, 81 U.S.L.W. 4043, 2013 U.S. LEXIS 907, 2013 A.M.C. 1 (U.S. 2013).

Opinions

[118]*118Justice Breyer

delivered the opinion of the Court.

The Rules of Construction Act defines a “vessel” as including “every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water.” 1 U. S. C. § 3. The question before us is whether petitioner’s floating home (which is not self-propelled) falls within the terms of that definition.

In answering that question we focus primarily upon the phrase “capable of being used.” This term encompasses “practical” possibilities, not “merely . . . theoretical” ones. Stewart v. Dutra Constr. Co., 543 U. S. 481, 496 (2005). We believe that a reasonable observer, looking to the home’s physical characteristics and activities, would not consider it to be designed to any practical degree for carrying people or things on water. And we consequently conclude that the floating home is not a “vessel.”

Í—i

In 2002 Fane Lozman, petitioner, bought a 60- by 12-foot floating home. App. 37, 71. The home consisted of a house-like .plywood structure with French doors on three sides. Id., at 38, 44. It contained a sitting room, bedroom, closet, bathroom, and kitchen, along with a stairway leading to a second level with office space. Id., at 45-66. An empty bilge space underneath the main floor kept it afloat. Id., at 38. (See Appendix, infra, for a photograph.) After buying the floating home, Lozman had it towed about 200 miles to North Bay Village, Florida, where he moored it and then twice more had it towed between nearby marinas. In 2006 Lozman had the home towed a further 70 miles to a marina owned by the city of Riviera Beach (City), respondent, where he kept it docked. Brief for Respondent 5.

After various disputes with Lozman and unsuccessful efforts to evict him from the marina, the City brought this federal admiralty lawsuit in rem against the floating home. It sought a maritime lien for dockage fees and damages [119]*119for trespass. See Federal Maritime Lien Act, 46 U. S. C. §31342 (authorizing federal maritime lien against vessel to collect debts owed for the provision of “necessaries to a vessel”); 28 U. S. C. § 1333(1) (civil admiralty jurisdiction). See also Leon v. Galceran, 11 Wall. 185 (1871); The Rock Island Bridge, 6 Wall. 213, 215 (1867).

Lozman, acting pro se, asked the District Court to dismiss the suit on the ground that the court lacked admiralty jurisdiction. See 2 Record, Doc. 64. After summary judgment proceedings, the court found that the floating home was a “vessel” and concluded that admiralty jurisdiction was consequently proper. Pet. for Cert. 42a. The judge then conducted a bench trial on the merits and awarded the City $3,039.88 for dockage along with $1 in nominal damages for trespass. Id., at 49a.

On appeal the Eleventh Circuit affirmed. Riviera Beach v. That Certain Unnamed Gray, Two-Story Vessel Approximately Fifty-Seven Feet in Length, 649 F. 3d 1259 (2011). It agreed with the District Court that the home was a “vessel.” In its view, the home was “capable” of movement over water and the owner’s subjective intent to remain moored “indefinitely” at a dock could not show the contrary. Id., at 1267-1269.

Lozman sought certiorari. In light of uncertainty among the Circuits about application of the term “capable” we granted his petition. Compare De La Rosa v. St. Charles Gaming Co., 474 F. 3d 185, 187 (CA5 2006) (structure is not a “vessel” where “physically,” but only “theoretically],” “capable of sailing,” and owner intends to moor it indefinitely as floating casino), with Board of Comm’rs of Orleans Levee Dist. v. M/V Belle of Orleans, 535 F. 3d 1299, 1311-1312 (CA11 2008) (structure is a “vessel” where capable of moving over water under tow, “albeit to her detriment,” despite intent to moor indefinitely). See also 649 F. 3d, at 1267 (rejecting views of Circuits that “‘focus on the intent of the shipowner’ ”).

[120]*120HH

At the outset we consider one threshold matter. The District Court ordered the floating home sold to satisfy the City’s judgment. The City bought the home at public auction and subsequently had it destroyed. And, after the parties filed their merits briefs, we ordered further briefing on the question of mootness in light of the home’s destruction. 567 U. S. 962 (2012). The parties now have pointed out that, prior to the home’s sale, the District Court ordered the City to post a $25,000 bond “to secure Mr. Lozman’s value in the vessel.” 1 Record, Doc. 20, p. 2. The bond ensures that Lozman can obtain monetary relief if he ultimately prevails. We consequently agree with the parties that the case is not moot.

Ill

A

We focus primarily upon the statutory phrase “capable of being used ... as a means of transportation on water.” 1 U. S. C. § 3. The Court of Appeals found that the home was “capable” of transportation because it could float, it could proceed under tow, and its shore connections (power cable, water hose, rope lines) did not “ ‘rende[r]’ ” it “ ‘practically incapable of transportation or movement.’ ” 649 P. 3d, at 1266 (quoting Belle of Orleans, supra, at 1312, in turn quoting Stewart, supra, at 494). At least for argument’s sake we agree with the Court of Appeals about the last-mentioned point, namely, that Lozman’s shore connections did not “ ‘render’ ” the home “ ‘practically incapable of transportation.’ ” But unlike the Eleventh Circuit, we do not find these considerations (even when combined with the home’s other characteristics) sufficient to show that Lozman’s home was a “vessel.”

The Court of Appeals recognized that it had applied the. term “capable” broadly. 649 F. 3d, at 1266. Indeed, it pointed with approval to language in an earlier case, Burks [121]*121v. American River Transp. Co., 679 F. 2d 69 (1982), in which the Fifth Circuit said:

“ ‘No doubt the three men in a tub would also fit within our definition, and one probably could make a convincing case for Jonah inside the whale.’” 649 F. 3d, at 1269 (quoting Burks, supra, at 75; brackets omitted).

But the Eleventh Circuit’s interpretation is too broad. Not every floating structure is a “vessel.” To state the obvious, a wooden washtub, a plastic dishpan, a swimming platform on pontoons, a large fishing net, a door taken off its hinges, or Pinocchio (when inside the whale) are not “vessels,” even if they are “artificial contrivance[s]” capable of floating, moving under tow, and incidentally carrying even a fair-sized item or two when they do so. Rather, the statute applies to an “artificial contrivance . . . capable of being used ... as a means of transportation on water.” 1 U. S. C. § 3 (emphasis added).

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133 S. Ct. 735, 184 L. Ed. 2d 604, 568 U.S. 115, 23 Fla. L. Weekly Fed. S 556, 2013 WL 149633, 81 U.S.L.W. 4043, 2013 U.S. LEXIS 907, 2013 A.M.C. 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lozman-v-city-of-riviera-beach-scotus-2013.