City of Coral Gables v. Old Cutler Bay Homeowners Corp.
Docket: 88-143
Court: District Court of Appeal of Florida; July 19, 1988; Florida; State Appellate Court
The District Court of Appeal of Florida affirmed a permanent injunction against the City of Coral Gables, preventing the construction of a fire station on land acquired through dedication. The court upheld the trial court's findings that the specific language of the dedication restricted the property's use. The City had planned to build the fire station on a property dedicated for public use in 1965, which required the land to be landscaped and maintained, with existing structures removed but not replaced for non-municipal purposes. The trial court concluded that the City violated the terms of the dedication and related ordinance by attempting to construct the fire station. The City’s reliance on precedent involving different property acquisition methods was deemed misplaced, as the dedication explicitly limited its rights to the land. The court clarified that while a governmental entity may convert fee simple property to nonpublic uses post-acquisition, this does not apply to property acquired through dedication, which grants only an easement-like interest. The ruling confirms that the City cannot circumvent the dedication's restrictions and must explore eminent domain if it wishes to use the land for the fire station.