The Mucky Duck, Inc. v. Captiva Erosion Prevention District
A Captiva Island restaurant and its landowner affiliate sued the Captiva Erosion Prevention District after it built a 12-foot artificial dune that allegedly sits landward of the 1983 Erosion Control Line, blocking Gulf views and severing littoral rights. The court allowed the physical-takings, littoral-view, trespass and nuisance counts to proceed, holding that a lessee in possession of waterfront property holds compensable littoral rights under Fla. Stat. § 253.141(1), while dismissing the permit/ultra vires, due process, equal protection, and declaratory-judgment counts as conclusory or shotgun pleadings.
Key facts
- The Mucky Duck, Inc., a Captiva Island restaurant, and its landowner affiliate sued the Captiva Erosion Prevention District after the district constructed a 12-foot artificial dune that allegedly obstructed Gulf views and severed littoral rights by being built landward of the recorded 1983 Erosion Control Line.
- The trial court dismissed certain counts (permit/ultra vires, due process, equal protection, and declaratory judgment) as conclusory or shotgun pleadings, but allowed the physical-takings, littoral-view, trespass, and nuisance counts to proceed to further litigation.
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Why it matters
The order is a useful roadmap for coastal takings and littoral-rights litigation against Florida beach-restoration districts, confirming that lessees — not just fee owners — can assert littoral rights under § 253.141(1)… — full analysis with a trial
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