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Spessard L. Holland v. Fort Pierce Financing and Construction Company

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eBook details

  • Title: Spessard L. Holland v. Fort Pierce Financing and Construction Company
  • Author : Supreme Court of Florida
  • Release Date : January 25, 1946
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 64 KB

Description

The bill of complaint filed in this case on the 20th of August, 1942, in substance avers that plaintiff in the years 1919-1920 purchased for a consideration of approximately $150,000 certain lands at the City of Fort Pierce, St. Lucie County. That said lands actually fronted on Indian River, a navigable stream. That said land was bounded by the high water mark of the Indian River, and that plaintiff acquired the fee title to said lands with full riparian rights. That after securing the necessary permit from the United States engineers, plaintiff proceeded to construct a bulkhead approximately 750 feet out in the river and paralleling the shore line some 1700 feet in length. That by process of dredging plaintiff filled in behind the bulkhead so that the area between the shore line or highwater mark and the bulkhead became filled in land with surface elevation several feet higher than normal high water mark. That plaintiff subsequently constructed an extension of said bulkhead northward for approximately two thousand feet, behind which extension the area was filled in by the same process, so that the filled in lands comprise an area of approximately sixty acres, bounded on the east by said bulkhead approximately 3700 feet, and on the west by the old shore line of the river. That the lands were filled, in the direction of the channel of the river but do not obstruct the channel, and leave full space for the requirements of commerce. That the bottom of the river where the bulkhead was constructed and the land filled in, sloped gradually eastward from high water mark of the river toward the channel, from zero to a depth approximately six feet at the bulkhead, and that the area so filled was never any part of


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