Legal Opinion

Murphy v. Department of Natural Resources

District Court, S.D. Florida

Decided November 8, 1993No. 93-10039-CIVPublishedCited by 6 opinions

1Opinion of the Court

ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS

JAMES LAWRENCE KING, District Judge.

THIS CAUSE comes before the Court on Defendants’ Motion to Dismiss with Prejudice, after full briefing and oral argument.

I. Factual Background and Legal Posture

This action was filed by a group of plaintiffs seeking a declaratory judgment that certain Florida statutes are unconstitutional. Plaintiffs are attempting to avoid eviction from their floating homes on “Houseboat Row”, bordering the island of Key West. Defendants point out that the occupants of these houseboats have signed leases with the City of Key West.…

2Cases cited18 opinions

  1. Kaiser Aetna v. United StatesSupreme Court of the United States · 1979
  2. United States v. Chandler-Dunbar Water Power Co.Supreme Court of the United States · 1913
  3. Martin v. Lessee of WaddellSupreme Court of the United States · 1842
  4. Scranton v. WheelerSupreme Court of the United States · 1900
  5. Gibson v. United StatesSupreme Court of the United States · 1897

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3Cited by6 opinions

  1. Barber v. Hawai'iCourt of Appeals for the Ninth Circuit · 1994
  2. Randal T. Barber, and Hawaiian Navigable Waters Preservation Society, a Non Profit Corporation and on Behalf of Its Members and All Others Similarly Situated v. State of Hawai'i United States of America, and United States of America, Hawaiian Navigable Waters Preservation Society, a Non Profit Corporation and on Behalf of Its Members and All Others Similarly Situated v. State of Hawai'i Rex Johnson, in His Capacity as Director of Hawai'i Department of TransportationCourt of Appeals for the Ninth Circuit · 1994
  3. Atlanta School of Kayaking, Inc. v. Douglasville-Douglas County Water & Sewer AuthorityDistrict Court, N.D. Georgia · 1997
  4. Don H. Gunderson v. State of IndianaIndiana Court of Appeals · 2016
  5. LADIES MEMORIAL ASSOCIATION INC v. CITY OF PENSACOLA FLORIDADistrict Court, N.D. Florida · 2020

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