Summary Judgment Entered Against Board of Trustees of the Internal Improvement Trust Fund of the State of Florida Finding Semi-Submerged Land to Be Privately Owned by NE 32nd Street, LLC

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BOCA RATON, Fla., July 7, 2021 /PRNewswire/ -- NE 32^nd Street, LLC (NE 32^nd), a Boca Raton-based real estate developer, prevailed on March 8, 2021, in Florida's 15^th Judicial Circuit Court against the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (BOT) over the ownership of certain currently semi-submerged lands on the Intracoastal Waterway in Boca Raton, Florida.  

The lawsuit involves claims against the BOT to quiet title because of BOT's claims that land owned by NE 32^nd was actually sovereignty land of the State of Florida, notwithstanding NE 32^nd having record title to all of the land. NE 32^nd's chain of title emanated from a State of Florida deed from 1892, that the BOT attempted to invalidate after 129 years of acquiescence. The partial final summary judgement against the BOT was issued on June 28, 2021 by Judge Donald W. Hafele following months of delays caused by the BOT attempting to reargue the ruling after losing in Court.

NE 32^nd contends that the ruling now allows NE 32^nd to pursue slander of title claims against the State for slandering NE 32^nd's 129-year unbroken chain of title, and to seek as damages attorney's fees and costs under the wrongful act doctrine incurred by NE 32^nd during five years of litigation, as a result of the BOT's refusal to acknowledge NE 32^nd's ownership and honor the deed the State issued in 1890.

Board of Trustees of the Internal Improvement Trust Fund of the State of Florida consists of the Governor, the Attorney General, the Chief Financial Officer, and the Commissioner of Agriculture.

The law firm of Tobin & Reyes, P.A. of Boca Raton, FL represents NE 32^nd.  For further information please contact attorney, Ricardo A. Reyes, of Tobin & Reyes, P.A., at [email protected]. The BOT was represented by counsel with the State of Florida Office of the Attorney General.

The case is NE 32^nd Street LLC v State of Florida Board of Trustees of the Internal Improvement Trust Fund.  The trial court case number is 50-2016-CA-03800 (15^th Jud. Cir.).

SOURCE NE 32nd Street LLC