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Palm Beach Cnty. v. Cove Club Investors Ltd.
Florida Supreme Court
734 So. 2d 379 (Fla. 1999)
Palm Beach County (defendant) acquired title to a mobile home lot through eminent domain in order to build a road. The lot was subject to a covenant requiring the owner to pay a monthly recreational fee for the right to use the facilities of a local country club owned by Cove Club Investors Ltd. (Cove Club) (plaintiff). Payments were required even if the owner did not actually use the facilities. Cove Club brought suit against the County, claiming that it had been deprived of a property right in the form of the monthly recreational fees. Cove Club sought compensation for the loss of the fees. The trial court held that Cove Club had a property right to receive the fees, but certified to the appellate courts the question of whether the right to receive the fees was a property right. The intermediate appellate court affirmed the trial court’s holding, and the County appealed to the state supreme court.
Rule of Law
Holding and Reasoning (Anstead, J.)
Dissent (Overton, J.)
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