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Did a landowner intentionally remove legally protected mangroves in violation of Florida law to develop a condominium?
Plaintiffs’ Argument
Environmentalists/Plaintiffs state the landowner intentionally removed mangroves without a permit after numerous attempts to develop the property were not allowed by the local government.
Defendants’ Argument
The landowner/Defendants state they did not remove the mangroves and do not know who cleared their land.
Plaintiffs’ Case
Mangroves on Florida’s rivers protect against storm surge, improve water quality and provide nurseries to wildlife such as birds, crabs, turtles, fish, manatees, bobcats and seagrass. In Florida, it is illegal to remove mangroves without a permit. Violation of the law can result in hundreds of thousands of dollars in civil penalties and up to 6 months in jail. Plaintiffs state the landowner was denied a permit to remove 6 acres of mangroves so the landowner secretly hired someone to clear the property, dredge and create a canal into the river for drainage deliberately violating Florida law.
Defendant’s Case
The Defendants state that the owner of property has a right to develop the land. When they bought the property, it was zoned for residential development, but the local government was considering designating the property as a conservation tract and purchasing the undeveloped property back from the landowner at market value depriving the landowner from making a profit. The landowner denies clearing the property and does not know who removed the mangroves, cleared the land and dredged a canal to the river.
Agreed Facts by Plaintiff and Defendant
When the property was purchased, it was zoned for residential development.
6 acres of mangroves and vegetation were removed, wetlands filled and a canal dug with drainage to the river from a drainage piping system resulting in 6 acres ready for construction.
There is no direct evidence of who cleared the land. It was done swiftly with no witnesses.
Months before the land was cleared, the landowner submitted a request for permitting a condominium development plan that was substantially similar to the clearing that was done without a permit.
This permit was withdrawn shortly before the mangroves were removed, and the dredging occurred.
In Florida, whoever is responsible for clearing mangroves is responsible for the damage, fix the damage and if intentionally removed without permitting to do up to 6 months in jail.
Under Florida Law, if it is proven the landowner caused the mangroves to be illegally removed, the landowner is financially responsible for 100 percent of the damages, under a legal term known as joint and several liability, even if someone else physically did the work.
You are to accept as true the facts as stated above when rendering a decision.
Jury Instructions:
Direct evidence is proof that directly establishes a fact, such as eyewitness testimony.
Circumstantial evidence is indirect evidence that proves a fact that is inferred from another fact, such as cell phone data showing presence at the scene of a crime.
Direct and Circumstantial evidence are given the same weight when rendering your decisions.
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