City of Miami Beach v. Swedroe

The City of Miami Beach appeals a non-final order of the circuit court temporarily enjoining the City from removing certain private obstructions that appellee land owners had installed on public property.

The land owners own beach front property in the City’s Altos Del Mar Historic District. Adjacent to their property is a city owned public right of way, providing access to the beach. Over the years, the land owners progressively encroached on the public right of way without obtaining any authority to do so, installing electrical lighting, irrigation, landscaping, an iron fence, and a sign…