CopyCited 13 times | Published | Florida 3rd District Court of Appeal
...e owner/lessor, contending the .46% of an acre [which included a beach area which faced on Morgan Bay or Maule Lake] was unusable and constituted a public nuisance because the owner/lessor failed to obtain a permit for a bathing facility pursuant to Section 514.03, Florida Statutes (1973)....
...6.62. This court ordered that all of the appellate cases be consolidated for all appellate purposes. APPELLATE CASE NO. 76-767 In support of this appeal, the appellant contends that upon showing the appellee had failed to obtain a permit pursuant to Section
514.03, Florida Statutes (1973), the operation of the beach in the instant case became a nuisance as a matter of law [pursuant to the terms of Section
514.06, Florida Statutes (1973)], to be decided by the trial court, not the jury....
...ere uncontrolled waters are involved, the State agency charged with enforcement of Ch. 514, Florida Statutes (1973) does not issue permits. Therefore, a question of fact was raised as to necessity that the appellee herein obtain a permit pursuant to Section 514.03, Florida Statutes (1973)....
0 red0 yellow6 green10 procedural
Cited as authorityRohrback (1989)phrase: "rule_authority"
Cited as authorityMacHado (1985)phrase: "rule_authority"
Cited as authorityGundlach (1982)phrase: "rule_authority"
