State Department of Transportation v. Florida East Coast Railway Co.

I respectfully dissent from the decision. Despite the objections noted in the able opinion of the circuit judge, I would hold that the court cannot ignore the statute. If the statute is constitutional then the issue is whether it is applicable to the facts of this case. The judgment under appeal does not reach that issue because the judgment is based upon a conclusion that the statute cannot be applied.

Appellant’s answer among other things alleged the affirmative defenses of dedication by public user, laches and estoppel, and acceptance of benefits (i. e., that ap-pellee had paid no ad…