Teat v. City of Apalachicola

Appellants, Wanda and Eric Teat, appeal a final order in which the trial court found that they did not possess riparian rights and denied appellants’ claims for damages and injunctive relief for negligence, trespass, and inverse condemnation. Because we find that appellants did possess riparian rights, we reverse.

Appellants live along the banks of Huckleberry Creek, a tidal and navigable waterway, and their deed conveys land that runs to the bank of this creek. The trial court held that, under Axline v. Shaw, 35 Fla. 305, 17 So. 411 (1895), appellants did not possess riparian rights because…