Sloan v. Town of Davie

21 Fla. Supp. 2d 99
CourtCircuit Court for the Judicial Circuits of Florida
DecidedFebruary 23, 1987
DocketCase No. 86-30339 CJ
StatusPublished

This text of 21 Fla. Supp. 2d 99 (Sloan v. Town of Davie) is published on Counsel Stack Legal Research, covering Circuit Court for the Judicial Circuits of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sloan v. Town of Davie, 21 Fla. Supp. 2d 99 (Fla. Super. Ct. 1987).

Opinion

OPINION OF THE COURT

J. LEONARD FLEET, Circuit Judge.

THIS CAUSE came before the Court upon Plaintiffs’ Emergency Suit to Enjoin Defendant Town of Davie from Trespassing on Plaintiffs’ Property and to Quiet Title to Said Property in Plaintiffs. The original complaint was filed with this Court on November 21, 1986; oral argument and testimony were heard at various times in November and December 1986.

Being fully advised in the premises, the Court herewith renders the following opinion:

I. INTRODUCTION

The parties hereto, and the manner in which they will be referred to herein, are as follows:

Plaintiffs: Albert H. Sloan and Joan Sloan husband and wife Sloan Pump Company, a Florida corporation

Defendant: Town of Davie

Intervenors: South Florida Warehousing, II (Intervenor Warehousing)

Hamilton C. Forman and Charles R. Forman (Intervenors Forman)

A. HISTORY OF THE CASE

On November 21, 1986, Plaintiffs filed a complaint seeking a restraining order and quieting of title in reference to certain delineated property. At the time of the institution of suit, Defendant was in the process of installing water and sewer lines through what it perceived to be the public right of way upon Kean Road which is located within its city limits. To the aforesaid construction, Plaintiffs took exception claiming that the alleged road right of way was, in fact, private property owned by Plaintiffs and, therefore, not susceptible to installation of utilities in the absence of appropriate compensation or condemnation.

Acting in the absence of the undersigned judge, and pursuant to [101]*101direction of the Chief Judge of this Judicial Circuit, Honorable George W. Tedder, Jr. issued an order temporarily restraining Defendant from continuing installation of the utility lines, which construction was then in progress. On November 25, 1986, pursuant to the terms of the restraining order, Plaintiff and Defendant appeared before this Court at which time preliminary arguments of law, as well as some testimony, were presented. Unable to complete the reception of evidence within the limited time then available, the parties agreed to the Court’s suggestion that the matter be continued until November 26, 1986.

The Court proceedings of November 26, 1986, included an adjournment to Government Center in Ft. Lauderdale for an examination of the original silks of Newman’s Survey (which survey is of singular importance in the instant case). Once again the time then available for the taking of testimony expired without the completion of the assigned task; the date of the continued hearing was announced as December 10, 1986.

Petitions for Intervention filed, simultaneously, in open court by each of the Intervenors identified above were granted, there being no strenuous objection thereto by either Plaintiff or Defendant. Upon the agreement of Plaintiffs, Defendant and both Intervenors, the necessity of additional pleadings by any party was waived, and the Court proceeded to hear the balance of the testimony relevant to the requests for relief contained in both counts of the Complaint.

II. FINDINGS OF FACT

A. BACKGROUND

By treaty dated February 22, 1819, ratified February 19, 1821, and proclaimed on February 22, 1821, Spain ceded the territories of East Florida and West Florida to the United States.

By the Act of September 4, 1841, ch. 16 section 8, U.S. Stat. 455, Congress provided a grant of land of 500,000 acres for internal improvement to each new state.

When Florida was admitted to the federal union on March 3, 1845, it became the owner of all the public lands which had been previously part of the Florida Territory, and it received the 500,000 acre grant under the Act of September 4, 1841, for the use and benefit of the people of this state.

By Act of Congress of September 28, 1850, Ch. 84, 9 U.S. Stats. 519, the federal government granted to the state all the then unsold swamp [102]*102and overflowed lands1 not previously granted as part of the Land Grant Act of 1841 or by its creation as a state on March 3, 1845 (5 Stat. 788). Although the aforesaid land had never been surveyed by the United States (primarily because it was all Everglades), the Hon. W. S. Jennings obtained a patent2 from the United States on April 29, 1903 describing the unsurveyed swamp and overflowed lands by metes and bounds. It is with regard to lands contained within the Jennings patent that the instant case concerns itself.

Congress mandated in the Act of September 28, 1850, that the proceeds from any sales of the lands granted thereunder be used for the purpose of reclaiming them by the use of levees and drains. The title of such lands lay in the state of Florida and its people, but by Chapter 610, Section 253.01 et seq., Acts of 1855, the Legislature transferred title to the remaining lands obtained under the Land Grant of 1841 and the Swamp and Overflowed lands Act of 1850 to five individuals to be known as the Trustees of the Internal Improvement Fund of the State of Florida (hereinafter TIIF).

During the tenures of Governors W. J. Jennings and N. B. Broward, it became the policy of the state of Florida, by vigorously pursuing the mandate of Section 16 of Chapter 610 to drain the swamp and overflowed lands for the purpose of settlement and cultivation, to try to create order out of what was chaos to all but the native Americans living in the Everglades. The TIIF commissioned John W. Newman to survey certain lands in what is now Broward County. The TIIF desired to drain the rich muck lands of the eastern Everglades and to sell the drained land to people possessed of a pioneering spirit who would populate and develop the area and take advantage of its great agricultural potential. Mr. Newman oversaw the digging of the North and South New River Canals by the dredges Everglades and Okeechobee, respectively, while, simultaneously, preparing a map which embraced 22 square miles of land lying in Township 50 South, Range 41 East. The lands lying within Newman’s survey are the subject matter of the dispute subjudice.

Mr. Newman presented his map to the Hon. W. S. Jennings before he conveyed it to the Trustees. The map reflected the lands to be [103]*103divided into Tiers and Tracts fronting on the North New River Canal and Tracts fronting on the South New River Canal. The Hon. Mr. Jennings described Mr. Newman’s map and made certain written recommendations to the TIIF in at their November 21, 1907 meeting. The report of Mr. Jennings was made a part of the TIIF minutes for that day, and the “Map of Drained Land in the Eastern Part of the Everglades in Dade County, Florida” was in part adopted by the TIIF as the “official plat of the lands embraced therein”. The remaining part was adopted on September 30, 1908. The area now claimed by Plaintiffs is in the lands platted in the first part of Newman’s Survey adopted on November 21, 1907.

As recorded in the public records of Dade County, Newman’s Survey subdivides Section 25, Township 50 South Range 41 East, wherein lies the Plaintiffs’ lands, into Tracts designated by numbers.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Indian Rocks Beach South Shore v. Ewell
59 So. 2d 647 (Supreme Court of Florida, 1952)
Hughes v. Town of Mexico Beach
455 So. 2d 566 (District Court of Appeal of Florida, 1984)
Servando Building Company v. Zimmerman
91 So. 2d 289 (Supreme Court of Florida, 1956)
Florida State Turnpike Authority v. Anhoco Corp.
107 So. 2d 51 (District Court of Appeal of Florida, 1958)
Lovey v. Escambia County
141 So. 2d 761 (District Court of Appeal of Florida, 1962)
Hardee Trustees v. Horton
108 So. 189 (Supreme Court of Florida, 1925)
Robinson v. the Town of Riviera
25 So. 2d 277 (Supreme Court of Florida, 1946)
Travis Co. v. City of Coral Gables
153 So. 2d 750 (District Court of Appeal of Florida, 1963)
Driggers v. State
38 Fla. 7 (Supreme Court of Florida, 1896)
Price v. Stratton
45 Fla. 535 (Supreme Court of Florida, 1903)
Smith v. Horn
70 So. 435 (Supreme Court of Florida, 1915)
Smith, Richardson & Conroy v. Tampa Electric Co.
89 So. 352 (Supreme Court of Florida, 1921)
City of Palmetto v. Katsch
98 So. 352 (Supreme Court of Florida, 1923)
Meier v. Portland Cable Railway Co.
1 L.R.A. 856 (Oregon Supreme Court, 1888)
Town of Palm Beach v. Palm Beach County
313 So. 2d 770 (District Court of Appeal of Florida, 1975)

Cite This Page — Counsel Stack

Bluebook (online)
21 Fla. Supp. 2d 99, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sloan-v-town-of-davie-flacirct-1987.