STATE, EX REL. COUNTY ATTORNEY, ET AL
v.
MOTOR VESSEL ALMIRANTE, ET AL.
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The State and County Attorney sought an injunction to abate a public nuisance caused by the deteriorated cargo vessel M/V Almirante on the Miami River. The court granted the injunction, authorizing plaintiffs to seize the vessel, make it seaworthy, tow it to sea, and sink it at a designated location off Pfleuger Reef.
The court granted a permanent injunction prohibiting the defendants from maintaining the M/V Almirante in its present condition. The court authorized plaintiffs to seize the vessel, perform necessary repairs and safety measures, render it seaworthy, tow it under Coast Guard supervision to Pfleuger Reef, and sink it at the designated location.
[1] A court may grant a permanent injunction to abate a public nuisance, such as a vessel posing a danger to public health, welfare, and safety.
[2] A court may authorize plaintiffs to seize a vessel, make necessary repairs, render it seaworthy for towing, and sink it at a designated location to abate a public nuisanc…
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Plaintiffs' application for a permanent injunction be and the same is hereby granted.”
The court's ruling granting the requested permanent injunction to abate the public nuisance.
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Join FLexlaw to unlock all legal intelligenceThe M/V Almirante, an old cargo vessel, was located on the Miami River adjacent to 236 N.W. North River Drive in Miami. The vessel's condition alleged…
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This cause came before the court upon the plaintiffs’ complaint for injunction and abatement of public nuisance. The complaint alleged that the M/V Almirante, an old cargo vessel located on the Miami River adjacent to 236 N. W. North River Drive, was a public nuisance. Plaintiffs seek to abate the nuisance pursuant to §§60.05, 823.11, and Chapter 386, Florida Statutes 1973, and the Dade County Vessel Mooring Code, §§7-31 through 7-49, inclusive, Metropolitan Dade County Code.
The court being fully advised in the premises, it is thereupon ordered and adjudged that —-
1. Plaintiffs’ appliéatiori for a permanent injunction be and the same is hereby granted.
2. The defendants and each of them be and they are hereby permanently enjoined from maintaining the M/V Almirante in its *2present condition on the Miami River as alleged in the complaint filed herein. The defendants are further permanently enjoined from interfering with any actions undertaken pursuant to the authorization described in paragraph 3 below.
3. The plaintiffs, including their officers, employees, agents and contractors, are hereby authorized to —
(a) Forthwith seize and take possession of the M/V Almirante.
(b) Forthwith perform such repairs and take such other action as may be necessary or appropriate to abate the immediate danger to the public health, welfare and safety.
(c) Render the M/V Almirante sufficiently seaworthy to be towed, under the supervision of the United States Coast Guard, from its present location on the Miami River to the vicinity of Pfleuger Reef (Latitude 25°49'34" N, Longitude 80°04'5"W).
(d) Sink the M/V Almirante in the vicinity of Pfleuger Reef (Latitude 25°49'34" N, Longitude 80°05'5" W).
4. The actions authorized in paragraph 3 above shall be undertaken at the sole cost and expense of the plaintiffs.
5. The plaintiffs shall indemnify the defendants and save them harmless from any and all liability which may accrue or arise from the actions authorized in paragraph 3 above.
6. This court retains jurisdiction for the purpose of enforcing the provisions of this final judgment.
7. The parties shall bear their owns costs incurred herein.