Nell v. State

I respectfully dissent from the majority opinion.

The factual record here indicates that a labor union, namely the operating Engineers Union, owned property in Collier County on the landward side of the salinity line. The Union began to dig a lake on the property and planned to dig a canal from the lake to Henderson Creek, which would not cross the salinity line. The work was temporarily halted at the request of the County Commissioners, who then allowed the digging of the lake to continue as it appeared that the Union was conducting the work lawfully.

There was in effect a County ordinance…