IN THE CIRCUIT COURT, SEVENTH
JUDICIAL CIRCUIT, IN AND FOR
ST. JOHNS COUNTY, FLORIDA
CASE NO: 92-754-CA
HENRY WHETSTONE AND
MARGUERITE S. CONNELL AND
CARL WAYNE CONNELL, SANTA
MARIA, INC., FRANK USINA,
AND CITY OF ST. AUGUSTINE,
DEFENDANTS' SECOND RENEWED AND SUPPLEMENTED MOTION
FOR SUMMARY JUDGMENT
Defendants MARGUERITE S. CONNELL and CARL WAYNE CONNELL, SANTA
MARIA, INC., and FRANK USINA (the "Defendants"), renew that portion
of their previous Supplemental Motion for Summary Judgment as to
Riparian Rights and also move for Summary Judgment as to Counts
Two, Three, Five and Six of the Third Amended Complaint of HENRY
WHETSTONE and ESTHER WHETSTONE (the "Plaintiffs"), pursuant to Rule
1.510, F.R.Civ.P. The grounds upon which this motion is based and
the substantial matters of law to be argued are as follows:
Private Riparian Rights
1. The Defendants obtained an affidavit executed by Allen F.
Powers, Property Appraiser of St. Johns County, Florida ("Mr,
Powers' Affidavit"), attached as Exhibit "A", that states:
a. Sheet 5E/18S of the Assessment Maps of the Office of the
Property Appraiser of St. Johns County, Florida (the "Map"),
Fmar No. u5s ca WmLL.3--751
F&the land east of Avenida Menendez, south of the Bridge of
:and landward of the Matanzas River (the "Land"), as under
'ownership and control of the City of St. Augustine;
nO, b. The Map shows that the Land extends southward from the
Bridge of Lions to the south boundary of the Map, including that
portion of the Land east of Block 21, of the City of St. Augustine
("Block 21"), and separated from Block 21 by the Avenida Menendez;
c. The records of the Property Appraiser of St. Johns
County, Florida, reflect that the St. Johns County Property
Appraiser has assessed the Land to the City of St. Augustine as
exempt property for the last 37 years.
A copy of the Map was filed as Exhibit "B" to Defendants'
Supplemental Motion for Summary Judgment. Mr. Powers' Affidavit is
filed with this motion.
2. Mr. Powers' Affidavit states that the Land has been
assessed as exempt property to the City of St. Augustine, as owner
of the property, for the last 37 years.
3. Plaintiffs' complaint alleges that Plaintiffs have
riparian rights as owners of a portion of Block 21.
4. Counts I and II of Plaintiffs' complaint allege that
Defendants' activities obstruct, interfere with, and deprive
Plaintiffs of their riparian rights.
5. The pleadings and other filings, including the deeds in
Plaintiffs' chain of title, demonstrate that Block 21 lies west of
Avenida Menendez and the Land is waterward of Mendendez. Further,
the unrebutted affidavit of Loren Jones attached as Exhibit "A" to
W e Defendants' first supplemental motion for summary judgment
Shows that the Mean Low Tide line in the subject area lies
waterward of the Land. The Plaintiffs' complaint asserts that Mean
Low Tide Line separates riparian uplands in the area from submerged
lands. Therefore, Block 21 does not border navigable waters, and
Plaintiffs, as owners of Block 21, have no riparian rights.
6. Because Plaintiffs have no riparian rights, they have no
standing to bring this action against Defendants and have failed to
state a cause of action against the Defendants.
7. The pleadings, affidavits, and exhibits on file together
with the previous motion for summary judgment, as supplemented,
filed by the Defendants, including Mr. Powers' Affidavit,
demonstrate that there is no genuine issue as to any material fact
as to the Plaintiffs' absence of riparian rights as set forth in
the original motion for summary judgment, as supplemented, or those
set forth herein, and that Defendants are entitled to summary
judgment as to the subject issues in Counts I and II as a matter of
Public Riparian Rights and Trespass on City Lands
8. Counts Two and Three of Plaintiffs' Third Amended
Complaint seek relief for Violation of Public Riparian Rights and
Trespass on lands owned by the City of St. Augustine.
9. Only the owner of property may bring an action for
trespass on its lands and interference with its common law riparian