Cottongim v. Board of Collier County Commissioners

RYDER, Chief Judge.

Virgil and Betty Cottongim, plaintiffs below, appeal from a final summary judgment declaring that a certain spoil bank located on the Cottongims’ real property is the personal property of Avatar Properties, Inc. (Avatar). We reverse.

The facts are not in dispute. Beginning in 1962, Avatar developed a residential subdivision in Collier County known as Golden Gate Estates. As part of the development, Avatar dug canals and cast the dirt or “spoil” up onto their adjoining property, creating spoil banks. Subsequently, Avatar subdivided the property, selling lots to various…