01-2110 CRANE V. DEPT.

State: Florida

Court: Florida Southern District Court

Docket No: 3d01-2110

Case Date: 10/31/2001

Plaintiff: 01-2110 CRANE

Defendant: DEPT.

Preview:NOT FINAL UNTIL TIME EXPIRES
TO FILE REHEARING MOTION
AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
THIRD DISTRICT
JULY TERM, A.D. 2001

CRANE POINT ASSOCIATES, INC., **

Appellant, **

vs. ** CASE NOS. 3D01-2110

3D01-2428
STATE OF FLORIDA, DEPARTMENT ** LOWER
OF HEALTH, MONROE COUNTY TRIBUNAL NO. 00-185
HEALTH DEPARTMENT, **

Appellee. **

Opinion filed October 31, 2001.

Appeals from the Circuit Court for Monroe County, Ellen L.
Leesfield, Judge.

Karen J. Kennedy, for appellant.

Morton R. Laitner, Chief Legal Counsel, and Michael E.
Cover, Assistant Legal Counsel, Florida Department of Health,
Monroe County Health Department, for appellee.

Before COPE, GODERICH and SHEVIN, JJ.

SHEVIN, J.

Crane Point Associates, Inc., appeals an injunction
enjoining the operation of the Crane Point Resort and Marina

until construction and completion of an onsite sewage disposal
system to abate a sanitary nuisance. A complete examination of
the record of the proceeding below reflect no error; therefore,
the judgment of the trial court is affirmed in all respects.1

As this court held in Marathon Trailerama, Inc. v. Dep't of
Health & Rehab. Servs., 487 So. 2d 73, 74 (Fla. 3d DCA 1986),"the
use of common cesspools in itself involves permitting the
presence of 'untreated ... human waste' on [Crane's] property
which, under section 386.041(1)(a), Florida Statutes. . ., is
'prima facie evidence' of a sanitary nuisance ...."(Footnote
omitted). It is beyond peradventure that a resort located on a
peninsula overlooking the Gulf of Mexico may not use cesspools
for disposing of human waste; the untreated waste from the
cesspools may place the community in danger of serious illness.
Crane failed to remedy the health hazard in the 18 months since
the issuance of the original violation citations. Thus, the
court properly entered the injunction to abate the nuisance by
closing the resort until Crane installs a proper sewage treatment
system. See

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