Some ten years or more ago the northern half of the lake was platted into two waterfront subdivisions for single family dwellings with each home owner's property extending into the water. It is a relatively small lake covering only approximately 80 acres. "* * * Silver Blue Lake is located in Dade County and is a man-made non-navigable lake which resulted from the excavation of limerock for a number of years.
#SILVER BLUE LAKES APARTMENTS TRIAL#
The trial court made the following findings of fact: We think this holding is consistent with the holdings in Duval v. We agree with this ruling and affirm the judgment appealed from. The final judgment ordered generally that only owners of a portion of the lake bed would be entitled to use the lake and specifically that the tenants of Silver Blue Lake Apartments, Inc., were not entitled to such use.
The complaint sought to enjoin the allegedly unreasonable use of the surface of the lake by the tenants of Silver Blue Lake Apartments, Inc. They appeal from a final judgment entered in an action by Silver Blue Lake Homeowners Association, Inc., and individual owners of underlying land. Individual appellant John Leisenring is a tenant in an apartment unit owned by the corporate appellant. Diamond and Bernard Sandel are officers of the appellant corporation. Appellant's property line extends a few feet into the lake.
Several hundred apartment units owned by appellant are situated on this land. Before PEARSON, C.J., and HENDRY and SWANN, JJ.Īppellant Silver Blue Lake Apartments, Inc., owns land which borders upon an 80-acre man-made lake.
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