Group Title: Historic St. Augustine: Seawall
Title: Defendants' Second Renewed and Supplemented Motion For Summary Judgement
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Permanent Link: http://ufdc.ufl.edu/UF00095518/00009
 Material Information
Title: Defendants' Second Renewed and Supplemented Motion For Summary Judgement
Series Title: Historic St. Augustine: Seawall
Physical Description: Financial/tax/legal record
Language: English
Publication Date: 1994
Physical Location:
Box: 8
Divider: Seawall
Folder: Seawall
 Subjects
Subject: Saint Augustine (Fla.)
Seawall (Saint Augustine, Fla.)
Spatial Coverage: North America -- United States of America -- Florida -- Saint Johns -- Saint Augustine
Coordinates: 29.888145 x -81.309125
 Record Information
Bibliographic ID: UF00095518
Volume ID: VID00009
Source Institution: University of Florida
Holding Location: University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text




IN THE CIRCUIT COURT, SEVENTH
JUDICIAL CIRCUIT, IN AND FOR
ST. JOHNS COUNTY, FLORIDA

CASE NO: 92-754-CA
DIVISION: A

HENRY WHETSTONE AND
ESTHER WHETSTONE,

Plaintiffs,

VS. -

MARGUERITE S. CONNELL AND
CARL WAYNE CONNELL, SANTA
MARIA, INC., FRANK USINA,
AND CITY OF ST. AUGUSTINE,

Defendants.



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"),





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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;

and

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

law.

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

rights.




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