NE 32nd Street, LLC Defeats Florida Board of Trustees of Internal Improvement Trust Fund and Department of Environmental Protection Attempt to Dismiss Slander of Title Lawsuit Seeking Millions in Damages

BOCA RATON, Fla., Jan. 5, 2021 /PRNewswire/ -- On December 11, 2020, Palm Beach Circuit Court Judge Donald W. Hafele denied a Motion to Dismiss filed by the Florida Department of Environmental Protection (DEP) and the Board of Trustees of the Internal Improvement Trust Fund (BOT) seeking to avoid liability for a recent claim of ownership to privately owned lands located in and adjacent to the Intracoastal Waterway.  Real estate developer, NE 32^nd Street, LLC (NE 32), which holds record title to the now submerged parcels in Boca Raton in South Palm Beach County, Florida, brought the action seeking damages in excess of $3,000,000, as well as equitable relief to clear its title against the DEP and BOT. 

NE 32 contends the State's recent claim of ownership has slandered its title and has impeded the development of its $30 million Boca Raton waterfront property.  NE 32 holds record title to the land, with a complete chain of title dating back to the late 1800's when the State of Florida first issued deeds conveying the land to private parties.  After almost 130 years, the BOT, through the DEP, now claims to still own the land and never to have sold it.

The Intracoastal Waterway property was previously dredged by the Florida Coast Line Canal and Transportation Company in the 1890's, and by the Army Corps of Engineers since then on several occasions.  NE 32 alleges that the BOT's claim of ownership would overturn prior board action of the BOT and affect the title of thousands of privately owned properties in the vicinity of the Intracoastal Waterway throughout the State, who rely upon the validity of the State's prior conveyances. For example, one BOT deed alienated into private ownership over 345,000 acres pursuant to a legislative act. NE 32 also has argued that, in addition to the State attempting to renege on previous conveyances by the BOT, this new BOT claim would also put into question the legal validity of the Intracoastal Waterway right of way throughout the State. 

The BOT consists of Governor Ron DeSantis, Attorney General Ashley Moody, Chief Financial Officer Jimmy Patronis, and Commissioner of Agriculture Nikki Fried.  The DEP asserted the claim of ownership acting as staff to the BOT and claiming to have unlimited authority by statute to assert ownership of the land, even without the BOT's prior express approval or any specific delegation to overturn prior BOT action.  It is unclear whether the Governor and his cabinet are aware of the lawsuit and the potential liability based upon the claim to ownership by their staff.   

NE 32^nd Street, LLC is a Delray Beach, Florida based real estate development company specializing in maximizing the value of waterfront properties in the South Florida area.

The law firm of Tobin & Reyes, P.A. of Boca Raton, Florida represents NE 32^nd Street, LLC.  The DEP and BOT are represented by Timothy Newhall with the Office of the Attorney General.

For further information please contact attorney Ricardo Reyes with Tobin & Reyes, P.A. at: [email protected].

The case is NE 32^nd Street, LLC v. State of Florida, et al., case number 50-2016-CA-3800, in the Fifteenth Judicial Circuit Court of Florida.

SOURCE NE 32nd Street LLC