notebook - Southwest Florida Water Management District

STYLE/CASE NO. COURT ATTORNEY ACTION DESCRIPTION/STATUS
Beach. On September 11, 2012, an Affirmed Decision was
received from the 5 th DCA. On October 1, 2012, received 5 th
DCA Mandate with Order (Not Final Until Time Expires to File
Motion for Rehearing and Disposition Thereof If Filed).
Hames, Cedar and
Nora H. Scholin v.
SWFWMD, et
al./Case No. 2D11-
1817
Second District
Court of Appeal
D. Graziano/
J. Ward
Appeal of Final Judgment
entered in Manatee County
Circuit Court Case No. 2007 CA
001649
In 2007, after the District denied their ERP application to construct
eight single-family residences on eight platted lots consisting
largely of submerged bay bottom, the plaintiffs filed an inverse
condemnation suit contending that they have a statutorily vested
right to bulkhead and fill the lots, and therefore the permit denial
constituted a taking of their property. The plaintiffs claimed
damages exceeding $5,000,000.
The District defended the claim by arguing that (1) the plaintiffs did
not have a statutory right to bulkhead and fill because they obtained
title after the pertinent statute was repealed, and (2) the plaintiffs’
claim was not ripe for judicial review because they did not submit a
meaningful application that would enable the District to determine
the extent of permissible development since the plaintiffs failed to
propose any mitigation or practicable design alternatives for their
proposed project.
Following trial in December 2010, the trial court entered final
judgment in favor of the District; the plaintiffs appealed on April 5,
2011. The District filed an answer brief and a cross-appeal on an
issue that it unsuccessfully raised early in the case by summary
judgment motion: that plaintiffs’ claim is time-barred by statute,
because they did not filed their claim within 30 days of permit
denial. The appeal was fully briefed as of March 5, 2012. Oral
argument occurred on May 16. On June 15, 2012, the appellate
court ruled in favor of the District, fully affirming the trial court’s final
judgment. On July 2, 2012, the plaintiffs filed a motion for
rehearing. The District filed its response to the motion on July 17.
Court denied Hames’ motion for rehearing and mandate issued
by court on September 19. District is pursuing motion for fees
and costs based on proposal for settlement rejected by
plaintiffs.
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Maguire, III,
Raymer F. and
Charlotte E.
Maguire, M.D. as
Trustees of the
Raymer F. Maguire
Trust v. SWFWMD,
et al./Case No.
Second District
Court of Appeal
J. Ward Notice of Appeal of Order
Granting Defendant’s, Sun ‘N’
Lake of Sebring Improvement
District, Motion to Dismiss
Plaintiffs’ Second Amended
Complaint; and Denying All Other
Motions As Moot rendered
November 9, 2011
In November 2010, the plaintiffs sued several governmental
defendants, including the District, seeking a declaratory judgment
and damages for payments made plus interest in connection with
their purchase of tax certificates with respect to properties located
in Highlands County. The complaint and amended complaint were
both dismissed for lack of standing. On December 7, 2011, the
plaintiffs appealed and their initial brief is due to be served by
March 16, 2012. By order dated April 13, 2012, the plaintiffs’ were
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