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    • [EXPIRED] Major Development in Florida Anchoring Rights Struggle – City of Marco Island Appeals Their Appeal

      Several weeks ago, we informed the cruising community, by way of a posting here on the Net's Floridian pages, and a special "Alert," that the city of Marco Island's appeal of Judge Crown's ruling, declaring their anchoring statutes inconsistent with Florida state law, had been denied. However, it was denied on technical grounds associated with filing some of their papers too late. At the time, there was discussion as to whether the city of Marco Island would dare to spend even more of the local taxpayer's money, an renew their appeal effort.
      Well, as you will read below in the message from Captain Herman Diebler (of SAMI – Saling Association of Marco Island), the city had indeed decided to "appeal their appeal." I, and many others, actually consider this good news for the cruising community. If the Florida State Court of Appeals upholds Judge Crowns' ruling, as most lawyers I have spoken with expect, then this ruling will apply statewide, NOT just in Collier County!

      Claiborne
      Well I guess I underestimated the Marco Island city council once again. I had said in my last email that I doubt whether the council would continue their fruitless appeal of the appeal of their ill fated anchoring ordinance, well I was wrong.
       At the last council meeting their lawyer requested a closed session with the council to discuss the case. Prior to that session the attached article from the Marco Eagle reported the city is continuing their appeal of the appeal. Last night they had their closed door session, which we are not privy to, but apparently they are continuing with their appeal of the appeal.
      This is all happening very quietly. I believe they are trying to keep under the public radar, since their ego driven actions would be very unpopular given our city's present financial concerns plus the realization that this is being driven only by a very very small group of people financed by a wealth waterfront homeowner.
      Herman 

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