Milani v. Palm Beach County

973 So. 2d 1222, 2008 Fla. App. LEXIS 717, 2008 WL 183359
CourtDistrict Court of Appeal of Florida
DecidedJanuary 23, 2008
DocketNo. 4D06-4597
StatusPublished

This text of 973 So. 2d 1222 (Milani v. Palm Beach County) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Milani v. Palm Beach County, 973 So. 2d 1222, 2008 Fla. App. LEXIS 717, 2008 WL 183359 (Fla. Ct. App. 2008).

Opinion

WARNER, J.

The trial court dismissed a final declaratory judgment and denied a petition for writ of mandamus filed by appellant to determine her rights under an agreement in which Palm Beach County purchased property from appellant for use as a county park. The agreement included a right of repurchase option which appellant claimed she was entitled to exercise if the County granted proposed easements over the premises to an adjacent property owner. Appellant argues that the court erred in dismissing the complaint, because she was entitled to a declaration of her rights even though the County had not yet granted the easement. While we agree that the court should not have dismissed the action, we conclude that the court’s factual findings and conclusions of law actually declare appellant’s rights. We therefore affirm the final judgment but remand for correction to show that appellant’s rights have been declared. We also affirm the denial of the petition for mandamus.

In 1974 Cam D. Milani and his wife Lucia, the plaintiff/appellant in this case, purchased two tracts of land on the east and west side of A1A in the Town of Highland Beach. The land to the west of the west parcel was owned by the interve-nor in this case, Boca Highland. The Mi-lanis and Boca Highland disputed the boundary of their property and ultimately entered into a settlement of the boundary provided by a survey. The survey showed various encroachments. These encroachments consisted of part of an asphalt driveway, utility boxes, and a fence. The driveway has served Boca Highland since at least 1980 and continues to exist.

Mrs. Milani agreed to sell 5.6 acres of their property to the Board of County Commissioners of Palm Beach County in 1987, including the west parcel which was the subject matter of the 1980 boundary dispute. The County and the Milanis agreed that the property was to be used as a public park named for Mr. Milani. Specifically, the agreement provided:

At such time as a County park facility is opened on the Premises, it is the intent of the Parties to name such facility in memory of Mr. Cam D. Milani. And if such facility is ever transferred to another governmental entity, the park shall remain named in memory of Mr. Milani. [1224]*1224In the event that the County ceases using the Premises for County purposes and offers the Premises for sale, then the County shall grant to the Seller a Right.of First Refusal to repurchase the Premises at the same price and on the same terms as agreed to by the prospective purchaser and the County.

Pursuant to this paragraph, Milani’s right of first refusal vests when the County, first, “ceases using the Premises for County purposes,” and second, “offers the Premises for sale.”

Paragraph five of the agreement required the seller to provide the County with a survey. If it showed any encroachments or title objections, the County had to give written notice to the seller of any objection. The seller would convey its interest in the property in accordance with the approved survey. Paragraph six further explained the purchaser’s remedy for title defects and provided that if the title commitment contained exceptions unacceptable to the County, it must give written notice within ten days. The seller could elect to cure exceptions, but the County was not required to accept the title with any uncured title defects it found unacceptable. As the trial court noted in its final judgment, “[Tjitle defects are dealt with, and only the Purchaser (Respondent County) has any remedy. No other provision of the agreement deals with any defects in title, or encumbrances or encroachments on the land.”

After the purchase, the property sat dormant for about ten years until the County began to make plans to develop a park on the property. In 1997, while planning the park, the County became aware of the Boca Highland encroachments. Accordingly, the west parcel was again surveyed in 2000. Audrey Wolf, Director of Facilities Development for Palm Beach County, testified that the survey revealed an eight to twelve foot encroachment on the western boundary of the parcel, which included a driveway, utility boxes, and a fence, essentially the same encroachments revealed in the 1980 survey. In addition, the survey revealed an underground sewer line, pull boxes for electronics, and irrigation boxes.

As the County began its plans to develop the park in Mr. Milani’s name, Boca Highland expressed concern about the park’s impact on its property. Accordingly, Ms. Wolfs staff investigated and concluded the County should grant Boca Highland one or more easements to legitimize the encroachments. The staff also concluded that the proposed easements would not impact the park.

Boca Highland and the County began negotiations and drafted a proposal. Pursuant to the proposal, the County would grant non-exclusive permanent easements to Boca Highland to formalize the encroachments that had existed since 1980. In exchange, Boca Highland would grant the County a temporary constructive easement to facilitate the construction of the park and a permanent easement, called a “legal positive outfall,” which would allow storm water accumulated on the County’s property to flow over Boca Highland’s property.

Around the same time, the County provided Mrs. Milani with the site plans for the park. Because she noticed the site plan contained the proposed easements to Boca Highland, she objected and filed this suit for declaratory judgment and mandamus. As a result of the litigation, the County did not complete the proposed easement.

In her complaint, Milani requested the court find that her agreement with the County prohibits the granting of easements to Boca Highland, and that the granting of an easement to any third party triggers Milani’s right of first refusal with [1225]*1225respect to either the west parcel or the encroached area. Milani also asked the court to issue a writ of mandamus against the County requiring it to eliminate all encroachments benefiting Boca Highland on the west parcel. She claimed that the County had orally promised to remove the Boca Highland encroachments at the time it purchased the property. The County filed an answer and affirmative defenses to Milani’s complaint and Boca Highland filed a motion to intervene.

This litigation put the park development process on hold. However, the County repeatedly expressed that the plan to develop the park was simply suspended. In particular, Ms. Wolf testified, “Our position has been we have suspended all activities. So we intend on building the park on the direction hopefully by these plans.”

After a multi-day trial, the trial court made findings of fact and conclusions of law. With respect to Mrs. Milani’s claim that the granting of an easement to Boca Highlands activated her right of first refusal, the court found:

The circumstances which would give rise to the Seller having a right of first refusal have not occurred, and the County’s proposed granting of non-exclusive easements to BOCA HIGHLAND in return for the substantial benefits being received by the County in return ... would not constitute such circumstances.

The court further found that the encroachments on the property were “minor.” Specifically, the court said,

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Cite This Page — Counsel Stack

Bluebook (online)
973 So. 2d 1222, 2008 Fla. App. LEXIS 717, 2008 WL 183359, Counsel Stack Legal Research, https://law.counselstack.com/opinion/milani-v-palm-beach-county-fladistctapp-2008.