Hayes v. Bowman

Warren Bowman (defendant) acquired from the State of Florida a parcel of submerged land in Boca Ciega Bay extending perpendicularly away from the mainland in a northeasterly direction. Bowman dredged-in the parcel and built a subdivision on it consisting of a central stalk with three smaller branches extending diagonally up from the main stalk’s east side and into the bay. Warwick Hayes (plaintiff) bought a house in Bowman’s subdivision, located on Lot 11. Lot 11 was on the bayside of the topmost branch, with unobstructed views of the channel-cut forming the opposite side of the bay. Bowman retained ownership of Lots A and B, located on the tip of the main stalk behind and to the west of Lot 11. Bowman then acquired additional submerged land from the state that extended into the bay from the end of the main stalk of the subdivision. Bowman planned to dredge-in the new land to extend the subdivision. Hayes petitioned the Chancellor to enjoin Bowman’s development plan, arguing that it would infringe on Hayes’s riparian rights to an unobstructed view of, and access to, the bay. Specifically, Hayes argued that (1) his riparian rights applied in a straight corridor extending from the boundary lines of Lot 11 to the opposite side of the bay; and (2) Bowman’s proposed development would bisect that corridor. Bowman countered, arguing that Hayes’s riparian rights applied in a corridor extending perpendicularly from the opposite shoreline to the corners of Lot 11, which would not intersect with Bowman’s proposed dredge-in development. The Chancellor ruled for Bowman. Hayes appealed.