Avatar Properties, Inc. v. Boney

LEHAN, Judge.

Defendant developer appeals from a partial summary judgment entered on the issue of liability in favor of plaintiff landowners in this suit for civil theft and trespass based upon defendant’s removal of spoil which had been dredged by the developer from a canal and placed on the land sixteen years earlier. Subsequent to the time the spoil was so placed the land was deeded by the defendant to plaintiffs’ predecessor in interest and then to plaintiffs. Neither deed referred to or reserved any interest in the spoil.

We affirm. See Cottongim v. Board of Collier County Commissioners,…