1000 Brickell, Ltd. v. City of Miami
1000 Brickell's predecessor deeded park land to the City of Miami in 1974 in fee simple subject to an automatic reverter if used for non-park purposes; when the City allegedly allowed a restaurant to expand onto the land, 1000 Brickell sued to enforce the reverter. The trial court granted the City summary judgment under section 95.36(1), Florida Statutes, which bars challenges to 'ancient dedications' of park land after thirty years. The Third DCA reversed, holding that a fee simple conveyance with an automatic reverter is not a 'dedication of land,' so section 95.36(1) does not apply; instead section 689.18 governs, and its subsection (5) exempts conveyances to governmental entities from the 21-year cutoff on reverters.
Key facts
- 1000 Brickell's predecessor conveyed park land to the City of Miami in 1974 in fee simple subject to an automatic reverter if the land was used for non-park purposes.
- When the City allegedly allowed a restaurant to expand onto the park land, 1000 Brickell sued to enforce the reverter.
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Why it matters
This opinion draws a clear and previously under-addressed line between a common law dedication (an easement) and a fee simple determinable conveyance to a municipality, and confirms that reverter provisions in deeds to… — full analysis with a trial
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