Village of Tequesta v. Jupiter Inlet Corp.
Florida Supreme Court
371 So.2d 663 (1979)
- Written by Rose VanHofwegen, JD
Facts
Jupiter Inlet Corporation (Jupiter) (plaintiff) owned property on which it planned to build a 120-unit condominium complex near the Village of Tequesta (defendant) on the Florida coast. Tequesta had a water permit and wells pumping over a million gallons daily from a shallow aquifer at relatively low cost to provide water to residents. The excessive amount Tequesta pumped out drew in saltwater from the intercoastal waterway, endangering the freshwater supply. Jupiter was a proposed user without an existing water permit and had to drill a well to the Floridan aquifer 1,200 feet down to supply water for the condominiums. Jupiter brought an inverse-condemnation action to recover the expense and enjoin Tequesta from excessive pumping, claiming the pumping deprived Jupiter of the beneficial use of its property rights in the upper aquifer. The court granted Tequesta summary judgment, and Jupiter appealed. The appellate court reversed, reasoning Tequesta could be held responsible for depriving Jupiter of water rights, but certified the question for the Florida Supreme Court to answer.
Rule of Law
Issue
Holding and Reasoning (Adkins, J.)
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