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Bankers Life & Casualty Co. v. N. Palm Beach, Village of

Citation: 2 ELR 20528
No. No. 71-3519, 469 F.2d 994/4 ERC 1474/(5th Cir., 08/14/1972)

This action was brought to compel the Corps of Engineers to permit appellee to dredge and fill an additional 194 acres of the submerged land adjacent to its property by utilizing material from the bed of Lake Worth, Florida, and to quiet title in that submerged land in appellee as against the Trustees of the Internal Improvement Fund of Florida. The suit for injunctive relief against the Corps of Engineers is not yet ripe for court action because no opportunity has been afforded the Corps to exercise its investigative and discretionary powers. Notwithstanding any earlier assurances on the part of the Corps that a lapsed permit would be extended upon the granting of a local fill permit, ecological factors must be given consideration in the extension of the permit. The judgment of the trial court that the submerged land in question did not come within the purview of Florida Stature 253.124, which expressly reclaimed title in the Trustees of the Internal Improvement Fund for all such submerged lands, was based on the clearly erroneous finding that appellee had commenced to fill that land before June 11, 1957. The action for quiet title is remanded to the trial court.

Counsel for United States
Thomas L. Adams, Jr.
George P. Hyde
Department of Justice
Washington, D.C. 20530

Counsel for State of Florida
Herbert D. Sikes
M. Stephen Turner Deputy General Counsels
State of Florida Board of Trustees of Internal Improvement
Trust Fund
Elliot Bldg.
Tallahassee, Fla. 32304

Counsel for the Village of North Palm Beach
Herbert N. Gildan
2250 Palm Beach Lake Blvd.
West Palm Beach, Fla. 33401

Counsel for Bankers Life
Ronald Sales
249 Royal Palm Way
Palm Beach, Fla. 33480

Before TUTTLE, COLEMAN and CLARK, Circuit Judges.