Metropolitan Dade County v. Potamkin Chevrolet

JORGENSON, Judge.

The County appeals from an order granting summary judgment to Potamkin Chevrolet to quiet title. For the following reasons, we reverse.

History of the Property

The property that is at the center of this controversy is adjacent to and in part over a canal that runs parallel to N.W. 57th Avenue in Miami Lakes. In the 1960s, two property owners conveyed to Dade County canal rights-of-way [“ROW’] and canal maintenance easements [“CME”] pertaining to that canal. When the deeds were conveyed, the canal was open.

In 1981, the County issued a permit to Capeletti Brothers, Inc. for the…