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Legendary, Inc. v. Destin Yacht Club Owners Ass'n

Citations: 724 So. 2d 623; 1998 Fla. App. LEXIS 16297; 1998 WL 895647Docket: No. 96-4985

Court: District Court of Appeal of Florida; December 27, 1998; Florida; State Appellate Court

Narrative Opinion Summary

In this case, the court addressed a dispute over riparian rights related to a submerged land lease between a condominium association and a commercial entity operating adjacent property. The parties sought judicial determination of whose riparian rights were superior, particularly concerning wharfing rights. The Department of Environmental Protection was involved due to its authority over the lease. The trial court initially granted summary judgment in favor of the association, affirming their exclusive riparian rights, except for specified retail sales. The commercial entity challenged this decision, arguing that extrinsic evidence should have been considered due to latent ambiguities in the governing documents. However, the appellate court found no such ambiguities, as riparian rights generally remain with the upland owner unless explicitly severed. It emphasized the interpretation of legal agreements as a judicial matter, relying on key documents, including the operating and marina agreements, to uphold the association's superior rights with specific modifications. The judgment was affirmed, recognizing the association's primary rights while allowing for certain shared uses and potential marina expansion by the commercial entity. The court also addressed and corrected minor issues regarding the characterization of retail sales rights and the timing of riparian rights allocation.

Legal Issues Addressed

Interpretation of Legal Agreements

Application: The court found no latent ambiguity in the governing documents concerning riparian rights and held that the interpretation of these agreements is a legal matter within the court's authority.

Reasoning: The court agreed there was no latent ambiguity since riparian rights typically remain with the upland owner unless severed.

Riparian Rights and Submerged Land Lease

Application: The court determined that the condominium association holds superior riparian rights over the submerged land lease, except for certain retail sales rights, affirming their exclusive rights against the commercial parcel operator.

Reasoning: The court ultimately granted summary judgment favoring the Association, affirming it holds exclusive riparian rights, except for retail sales on the marina dock.

Shared and Exclusive Riparian Rights

Application: The court acknowledged shared riparian rights due to easements but affirmed the Association's exclusive rights to wharfing, with modifications for marina expansion rights.

Reasoning: The controversy centers on wharfing rights, where it’s concluded that the Association holds superior rights intended to be exclusive, barring necessary exceptions for marina expansion as per the operating agreement.

Summary Judgment and Document Analysis

Application: Summary judgment was granted based on the analysis of key documents, confirming the Association's superior rights as indicated in the operating and marina agreements.

Reasoning: Four key documents—the declaration of condominium, the ACP deed, the operating agreement, and the marina agreement—are essential for determining the superior riparian rights.