Summary Judgment Granted

Press Release 2

Denise L. Dawson

James Morrison

Denise Dawson, Partner, and James Morrison, Senior Associate, successfully represented the St. Lucie West Services District and obtained Final Summary Judgment in a boundary dispute in Port St. Lucie, Florida

John Brown filed a multi-count Complaint including claims of Declaratory Relief, Injunctive Relief, Trespass, Replevin, and Intentional Infliction of Emotional Distress over his rights on a 20 foot strip of land located behind his house, at the Isle of San Marino Development, that was dedicated to the St. Lucie West Services District for storm water management. Mr. Brown alleged he purchased waterfront property and was not informed of the existence of the District's easement.

On September 1, 2005 the District's Motion for Summary Judgment was heard before the Honorable Ben Bryan. Judge Bryan granted Summary Judgment in favor of the District and ruled that the Plaintiff had no legal interest in the easement and, therefore, had no right to make any permanent improvements. Plaintiff's Motion for Rehearing was denied on October 8, 2005.

The District agreed not to seek sanctions and attorney's fees in exchange for Mr. Brown's waiver of his right to appeal and an agreement not to make any further improvements on the easement.