Attorney James Stewart Mattson's Legal Cases

Land use and zoning

TIIF v Key West Conch Harbor, Inc. (Fla. 3d DCA 1996)

Jun 19, 1996

OUTCOME: Landowner (Plaintiff) Prevailed

Defendant board of trustees challenged a trial court decision that held plaintiff possessor of land was, by virtue of improvements made by its predecessor in interest, vested with fee simple title to s ... ubmerged land lying within 500 feet of its concrete bulkhead. The appellate court affirmed the decision of the trial court with modifications. The Butler Act (Act), Fla. Stat. ch. 8537 (1921), transferred title of the disputed land to plaintiff because dredging was not done for the sole purpose of filling another parcel of land. Instead, the dredging was done to the waters around a dock that improved commerce under the Act. The submerged land in dispute was located either directly beneath the dock improvement or within 50 feet of the dock. Therefore, plaintiff was entitled to title and fee simple interest in the disputed land subject to a navigational easement for public benefit.

Land use and zoning

Matecumbe Marina, Inc. v Monroe County (U.S. 11th Cir 1996)

Jan 30, 1996

OUTCOME: Government Prevailed

Land use case brought under 42 USC 1983. Between filing the appeal and oral argument, the 11th Circuit ruled that land use cases did not give rise to Federal section 1983 (civil rights) claims. No opin ... ion published.

Land use and zoning

City of Key West v. Donald Berg (Fla 3d DCA 1995)

May 24, 1995

OUTCOME: On remand, Berg prevailed

Although this decision appears to be a loss for the landowner, the opposite is true. Key West v Berg established the principle that a landowner must first exhaust Key West's (and Monroe County's, Islam ... orada's, and Marathon's) administrative "Beneficial Use Determination" procedure before suing for a Regulatory Taking. The flip side of this decision is that no regulatory taking case in the Florida Keys "ripens" (i.e., matures) until the BUD procedure has been requested and completed -- even if that takes 50 years! In Mr. Berg's case, the City realized it would lose the case, and settled by paying Berg $3.5 million for the seven acres of wetlands on the Atlantic Ocean -- that the City had converted to wetlands with its stormwater runoff "non-system." A petition for review was filed with the Florida Supreme Court (by a different attorney), which denied review on October 27, 1995, at 663 So. 2d 629.)

Land use and zoning

Ian & Tanya Koblick v Florida Dept Environmental Protection and TIIF (Fla 1st DCA 1995)

Mar 01, 1995

OUTCOME: Plaintiff-Landowner prevailed

This appeal involved a dispute over the construction of a private dock on state-owned submerged lands within John Pennekamp Coral Reef State Park. Despite the Board of Trustees' adoption of a policy st ... rictly enforcing the "no construction" rule in Pennekamp Park on April 12, 1990, the appellants had a consent of use by rule as of February 3, 1988, when the Department of Environmental Regulation determined the proposed dock was exempt from permitting requirements. The record clearly indicates that had Mr. Koblick simply built his dock at that time, rather than attempting in good faith to work through agency bureaucracy, he would have had a properly permitted dock under the policy adopted April 12, 1990. Accordingly, the appellants should not have been denied permission to construct their dock, and therefore reverse the final order denying such permission

Environmental and natural resources

The UNITED STATES v Parks Banks (US Dist Ct 1995)

Jan 13, 1995

OUTCOME: Defendant ordered to restore wetland

US District Chief Judge James Lawrence King concluded that Banks' land, even though over a mile from the nearest water body (Florida Bay), was a wetland ("water of the United States") because the groun ... dwater under the surface was "connected" to Florida Bay. The U.S. Supreme Court has since held, in Rapanos v US, that such tenuous connections do not give rise to wetland jurisdiction under the Clean Water Act.

Land use and zoning

Monroe County School Board, et al. v Dept of Community Affairs & Monroe County (Fla. 1st DCA 1994)

Dec 21, 1994

OUTCOME: School Board Lost

Monroe County and the State of Florida worked to prevent the construction of a badly-needed school on Big Pine Key, which is the primary source of affordable housing for persons working in the City of ... Key West. We agreed to represent the School Board for free, in order to see the new school constructed on Big Pine Key.

Land use and zoning

George DeCarion, et al. v Monroe County (U.S. Dist Ct 1994)

May 19, 1994

OUTCOME: Dismissed on Summary Judgment

Plaintiffs brought a Substantive Due Process case against Monroe County, alleging wrongful conduct in attempting to stop their vested development project in the Florida Keys. Judge King applied the "sh ... ock the conscience" test and concluded that "not every erroneous government decision rises to the level of a constitutional tort for purposes of a Â§ 1983 substantive due process claim." Judge King's opinion has been cited by four Federal courts, and once by the Florida Third District Court of Appeal. It is also cited in seven law reviews and periodicals.

Land use and zoning

Monroe County v Hemisphere Equity Realty, Inc., and Texas Largo, Inc. (Fla 3d DCA 1994)

Mar 29, 1994

OUTCOME: Reversed, Landowner lost

Appellee developer purchased realty and development rights from another developer and appellee agent represented both developers. Appellees failed to comply with a county code which required completion ... of construction within two years of approval, and appellant county posted a stop work order and denied appellee's effort to reinstate project approval. The trial court reversed and enjoined appellant from interfering with the development. On appeal, the court reversed the injunction and remanded with directions to reinstate judgment in favor of appellant. No rare instance or unusual circumstance existed to support equitable estoppel against the state. Appellee developer was obligated to abide by the same regulations that bound the original developer, and to complete the project within two years or seek an extension of time.

Land use and zoning

Floyd & Alice Melton v Monroe County, et al. (Fla 3d DCA 1993)

Jun 15, 1993

OUTCOME: Landowner Lost

Appellants applied for an after-the-fact permit to construct a pier, as an addition to an existing dock, on the shoreline of their lot. A permit was issued, but a neighbor filed an administrative appea ... l challenging the permit. The permit was revoked and appellants brought an action seeking to set aside the resolution. The trial court abated the action pending disposition of an administrative appeal, denied a writ of certiorari, and entered a final judgment denying appellants' request for declaratory and injunctive relief. The trial court granted appellees' counterclaim for a mandatory injunction ordering them to remove the dock. Appellants alleged that their dock was an accessory use which should be permitted as of right. The court disagreed and affirmed the judgment. The court reasoned that the trial court properly found that the dock was not consistent with the goals, objectives and standards of the county's comprehensive plan, was inconsistent with the community character, and adversely affected public access to the waters immediately adjacent to the property.

Admiralty and maritime

B & F Trawlers, Inc. v. The UNITED STATES (U.S. Claims Ct. 1992)

Dec 09, 1992

OUTCOME: Government prevailed

Physical "taking" case where owner of vessel unaware of illegal activities. Court of Federal Claims rejected inverse condemnation claim because vessel was "worthless hulk." Decision cited in 11 Clai ... ms Court and Federal Circuit opinions (as of Nov 6, 2008).

James Stewart Mattson's Legal Cases (32)

TIIF v Key West Conch Harbor, Inc. (Fla. 3d DCA 1996)

Matecumbe Marina, Inc. v Monroe County (U.S. 11th Cir 1996)

City of Key West v. Donald Berg (Fla 3d DCA 1995)

Ian & Tanya Koblick v Florida Dept Environmental Protection and TIIF (Fla 1st DCA 1995)

The UNITED STATES v Parks Banks (US Dist Ct 1995)

Monroe County School Board, et al. v Dept of Community Affairs & Monroe County (Fla. 1st DCA 1994)

George DeCarion, et al. v Monroe County (U.S. Dist Ct 1994)

Monroe County v Hemisphere Equity Realty, Inc., and Texas Largo, Inc. (Fla 3d DCA 1994)

Floyd & Alice Melton v Monroe County, et al. (Fla 3d DCA 1993)

B & F Trawlers, Inc. v. The UNITED STATES (U.S. Claims Ct. 1992)