TOWN OF PALM BEACH, A FLORIDA MUNICIPAL CORPORATION, ET AL., APPELLANTS,
v.
PALM BEACH COUNTY, ETC., APPELLEE

Fla. 4th DCA | 1975-06-06
No. 74-738
OWEN, C. J., and WALDEN, J„ concur.
313 So. 2d 770 Florida District Court of Appeal, Fourth District (1975) Positive Treatment
Cited by 4 cases

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Synopsis

The Town of Palm Beach appealed a judgment requiring it to remove signs and obstructions blocking public access to beachfront rights-of-way. The court affirmed, holding that the Town's acceptance and maintenance of the western portions of these roads constituted acceptance of the entire dedicated rights-of-way network, including the eastern portions leading to the Atlantic Ocean.


Holding

The court held that acceptance of a portion of a right-of-way network in a plat constitutes acceptance of the entire network, and therefore the Town's maintenance of the western portions meant it accepted the eastern portions as well. The eastern portions must remain dedicated to public use, and the obstructions must be removed.


Headnotes

[1] Acceptance of a portion of the rights-of-way within a plat constitutes acceptance of the entire network of rights-of-way in that plat.

[2] A municipality's paving and maintenance of roads dedicated in a plat, coupled with public use, can establish implied acceptance of those rights-of-way.

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Key Quotes

“It is well settled law in this state that the acceptance of a portion of the right-of-way in a plat constitutes an acceptance of the.entire network of rights-of-way in said plat so as to make them available for the public use.”

Establishes the controlling legal principle that acceptance of any portion of a dedicated right-of-way means acceptance of the entire network

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Facts & Procedural History

The Town of Palm Beach owned and maintained paved roads on the western portions of Indian, Arabian, Caribbean, Mediterranean, and Merrain Roads, which…

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Opinion of the Court
MORIARTY, W. H., Associate Judge.

MORIARTY, W. H., Associate Judge.

This is an appeal from a Final Judgment wherein the Appellant, Town of Palm Beach, was ordered to remove certain signs and obstructions across the rights-of-way of Indian, Arabian, Caribbean and Mediterranean Roads, east of Ocean Way, and on Merrain Road, east of Ocean Boulevard, within thirty (30) days.

The rights-of-way as set forth herein-above came into being as a result of certain plats filed with the appellee in 1925 and 1928. The rights-of-way covering Indian, Arabian, Caribbean and Mediterranean Roads are set forth in the Boca Ratone Company’s Inlet Subdivision Plat filed in 1925, while the rights-of-way on Merrain Road (a/k/a as Incanto Road) are set forth in the Plat titled Bello Lido filed in 1928.

The Boca Ratone Company’s Inlet Subdivision Plat dedicated Indian, Arabian, Caribbean and Mediterranean Roads with thirty-five (35) foot rights-of-way going west of Ocean Way, while their eastward extensions east of Ocean Way were dedicated as fifteen (15) foot rights-of-way, which were pathways from Ocean Way to the Atlantic Ocean.

The Bello Lido Plat dedicated Merrain Road (a/k/a Incanto Road) as a twenty (20) foot right-of-way west of Ocean Boulevard and also its eastward extension east of Ocean Boulevard to the Atlantic Ocean was dedicated as a twenty (20) foot right-of-way.

It is uncontroverted that the appellant, Town of Palm Beach, never accepted the above mentioned plats by formal act and it is equally uncontroverted that Indian, Arabian, Caribbean, Mediterranean and Mer-rain (a/k/a Incanto) Roads were improved and maintained as paved streets on that portion west of Ocean Way and Ocean Boulevard but not on that portion east of Ocean Way and Ocean Boulevard, and said appellant, Town of Palm Beach, had in fact erected and maintained for many years barricades, fences and a bench, which prevent the general public ingress and egress on that portion of the rights-of-way east of Ocean Way and Ocean Boulevard to the Atlantic Ocean.

The record in this case shows that the rights-of-way of Indian, Arabian, Caribbean and Mediterranean Roads west of Ocean Way, along with Merrain Road (a/k/a Incanto) west of Ocean Boulevard, were accepted by implied acceptance, in that the rights-of-way were actually paved roads, maintained by the appellant, Town of Palm Beach, and used by the general public.

It is well settled law in this state that the acceptance of a portion of the right-of-way in a plat constitutes an acceptance of the.entire network of rights-of-way in said plat so as to make them available for the public use. Indian Rocks Beach South Shore v. Ewell, 59 So. 2d 647 (Fla.1952); Waterman v. Smith, 94 So. 2d 186 (Fla.1957).

Based on the foregoing, we hold that upon acceptance of the rights-of-way west of Ocean Way and Ocean Boulevard by the appellant, Town of Palm Beach, the rights-of-way east of Ocean Way and Ocean Boulevard were also accepted by said appellant. It appearing from the record that the portions of rights-of-way east of Ocean Way and Ocean Boulevard remained available for public use and that the appellant, Town of Palm Beach, never placed them on the tax rolls nor lawfully closed them by ordinance or resolution, said portions of the rights-of-way of Indian, Arabian, Caribbean and Mediterranean Roads east of Ocean Way and that portion of the right-of-way of Merrain (Incanto) Road east of Ocean Boulevard should remain dedicated to the use of the general public.

No error appearing in the record, the judgment of the lower court is affirmed.

Affirmed.

OWEN, C. J., and WALDEN, J„ concur.


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Citator

Cited By

  • Hughes v. Town OF Mexico Beach, 455 So. 2d 566 (Fla. 1st DCA 1984)
    …an acceptance of the offer to dedicate all of the roads in the subdivision, absent proof of an intention to limit the acceptance. Indian Rocks Beach South Shore v. Ewell, 59 So. 2d 647 (Fla.1952), followed in Town of Palm Beach v. Palm Beach County, 313 So. 2d 770, 771 (Fla. 4th DCA 1975). Moreover, acceptance of a dedication is implied from the actual use of the property by the public. 19 Fla.Jur.2d, Dedication, Section 20. Upon our consideration of the briefs and the record, we conclude that the trial judg…
  • Sloan v. Town OF Davie, 522 So. 2d 923 (Fla. 4th DCA 1988)
    …4, 21 So. 788 (1897), Price v. Stratton, 45 Fla. 535, 33 So. 644 (1903), Robinson v. Town of Riviera, 157 Fla. 194, 25 So. 2d 277 (1946), Indian Rocks Beach South Shore v. Ewell, 59 So. 2d 647 (Fla.1952), and Town of Palm Beach v. Palm Beach County, 313 So. 2d 770 (Fla. 4th DCA 1975). AFFIRMED. LETTS, J., and OWEN, WILLIAM C., JR., (Retired), Associate Judge,. concur. ANSTEAD, J., concurs specially with opinion.…

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