THE CITY OF CORAL GABLES, FLORIDA, A FLORIDA MUNICIPAL CORPORATION, APPELLANT,
v.
OLD CUTLER BAY HOMEOWNERS CORPORATION, ET AL., APPELLEES

Fla. 3d DCA | 1988-07-19
No. 88-143
Before HUBBART, DANIEL S. PEARSON and JORGENSON, JJ.
529 So. 2d 1188 Florida District Court of Appeal, Third District (1988) Positive Treatment
Cited by 7 cases

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Holding

The court held that a city cannot build a fire station on land dedicated for public use if the dedication's terms restrict such a use.


Headnotes

[1] A municipality cannot divert land acquired through dedication to a purpose inconsistent with the terms of the dedication.

[2] Acceptance of a common law dedication creates an interest in the municipality in the nature of an easement, not fee simple title.

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Facts & Procedural History

The City of Coral Gables accepted land through dedication for public use, with specific conditions. The City planned to build a fire station, which th…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The City of Coral Gables appeals from a permanent injunction enjoining the construction of a fire station on a tract of land acquired by the City through dedication. We affirm based upon our agreement with the trial court’s conclusion that the specific language of the dedication bars the proposed fire station.

In June, 1986, the City issued resolution number 25671, announcing its plan to build a fire station on the property located at the entrance to the Old Cutler Bay subdivision, a community of single family homes. The Old Cutler Bay Homeowners Corporation, Inc., and several property owners filed a complaint for injunctive relief to prevent the construction of the fire station. Following a hearing, the trial court entered a permanent injunction against the City, making the following findings of fact and conclusions of law:

1. That the City of Coral Gables accepted the subject property pursuant to a Dedication on March 8, 1965 which Dedication was recorded in Official Records Book 4763 at Page 736 of the Public Records of Dade County, Florida.

2. That the City of Coral Gables accepted the Dedication pursuant to City of Coral Gables Ordinance No. 1463 dated February 23, 1965 which Ordinance accepted the Dedication and the terms, conditions and restrictions contained therein.

3. That the Dedication provided that the property was for the perpetual use of the public and that the five buildings which were on the Dedicated property may be used for municipal purposes and if not so used then removed.

4. That the subject buildings were not used for municipal purposes and were therefore removed from the property.

5. That the Dedication further provided that the remainder of the Dedicated property shall be landscaped and maintained by the municipality in a decorative manner. 6. That the City of Coral Gables has, by City of Coral Gables, Florida, Resolution No. 25671 resolved to commence construction of Fire Station No. 3 on the subject property.

7. That Resolution No. 25671 is in violation of the terms of the Dedication and Ordinance and is inconsistent with the restrictions contained within said Dedication.

The trial court correctly determined that the City could not divert the use of the land for a purpose inconsistent with the terms of the dedication. Kramer v. City of Lakeland, 38 So. 2d 126 (Fla.1948). Once the City elected to demolish the five existing structures on the property, it could not replace them with a fire station without violating the restrictions of the dedication. The City’s reliance on City of Tampa v. Hickey, 502 So. 2d 1254 (Fla. 2d DCA 1986), rev. denied, 503 So. 2d 327 (Fla.1987), is misplaced because the property at issue in Hickey had not been acquired through dedication. Indeed, the property in that case had been conveyed by a plat which did not specify that the land was to be used for a park. Here, the dedication expressly limited the City’s use of the land.

We also disagree with the City’s contention that it held fee simple title to the property after the expiration of the twenty-one-year reverter period set forth in section 689.18, Florida Statutes (1987). Section 689.18(5) exempts conveyances to governmental entities from the statute’s scope. Moreover, the dedication did not transfer title to the property to the City. “Acceptance of a common law dedication does not pass the fee in land. The interest acquired by the municipality is generally held to be in the nature of an easement, with the public having a right of user and nothing more.” Hollywood, Inc. v. Zinkil, 403 So. 2d 528, 537 (Fla. 4th DCA 1981) (quoting Note, Dedication: Rights Under Misuser and Alienation of Lands Dedicated for Specific Municipal Purposes, 7 U.Fla.L.Rev. 82, 83 (1954)). The City correctly asserts that a governmental entity which possesses fee simple title to property may convert the property to nonpublic uses even where the property had been originally acquired through eminent domain. See Mainer v. Canal Authority, 467 So. 2d 989, 992-93 (Fla.1985) (once fee simple title to property taken by governmental entity, whether through condemnation, purchase, or donation, public use of property may be abandoned and property converted to different use without impairment of title). However, the rule advanced by the City does not pertain to property acquired through dedication. Although the City may ultimately build a fire station on the site through the avenue of eminent domain, it may not circumvent such a proceeding by reliance upon the dedication which does not afford the City a fee simple title.

Accordingly, we affirm the permanent injunction entered by the trial court.

Affirmed.


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Cited By

  • …conclude that the circuit court failed to apply the correct law. Generally, a dedication of land to public use transfers only an easement, and the owner retains legal title to the land. City of Coral Gables v. Old Cutler Bay [*856] Homeowners Corp., 529 So. 2d 1188 (Fla. 3d DCA 1988). In this case, however, the City acquired the property itself. [O]nce land has been acquired in fee simple for public use, either by the exercise of the power of eminent domain or by purchase or donation, the former property owne…
  • The City OF Daytona Beach v. Tuttle, 630 So. 2d 586 (Fla. 5th DCA 1993)
    …no power, unless specially authorized by the legislature, to sell or appropriate such lands for the use and benefit of private interests. Kramer v. City of Lakeland, 38 So. 2d 126 (Fla.1948); City of Coral Gables v. Old Cutler Bay Homeowners Corp., 529 So. 2d 1188 (Fla. 3d DCA 1988). While the City here under its charter had the power to vacate its streets and other public ways in 1942, see section 15, Chapter 19768, Laws of Florida 1939, State v. City of Daytona Beach, 42 So. 2d 764 (Fla.1949), the parties p…
  • …in the swale area that it alleged, McCormick would be entitled to the equitable relief it sought here only if the use of the dedicated property had become inconsistent with the dedication. See City of Coral Gables v. Old Cutler Bay Homeowners Corp., 529 So. 2d 1188, 1190 (Fla. 3d DCA 1988) (holding that property received by a municipality by dedication cannot be used for a purpose inconsistent with the dedication). Against this backdrop, we cannot say that, as a matter of law, the landscaping of the swale area…

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