LAW OFFICE OF ROBERT K. LINCOLN, P.A.

Land Use and Local Government Law and Litigation

The Law Office of Robert K. Lincoln, P.A.  provides legal services to private and public entities involved in complex land use disputes.  Hiring an attorney is an important decision that should not be based solely upon advertisements.  Before you decide, ask and I will provide free information about my experience and qualifications. 

2d DCA Allows City to Maintain Appeal of Mooring Ordinance Prosecution

City of Marco Island v. Dumas, 34 Fla. L. Weekly D1015 (Fla. 2d DCA 2009)

Anti-cruiser, anti-liveaboard ordinances are a pet peeve of mine, having grown up living and cruising on boats. The City of Marco Island criminally prosecuted David Dumas for anchoring his boat within 300 feet of a residential property. (note – this is probably preempted under a recent statute). These types of ordinances implicate and generally violate the commerce clause of the US Constitution, which allows free navigation of all navigable waters of the United States, subject only to Congressional regulation.
So when prosecuted, Dumas filed a motion to dismiss based on the violation of the US Constitution and – not shocking – won the motion. The Court later dismissed the charge formally. The City appealed to circuit court, and Dumas claimed it was too late This turns into a question of when the order was final, and the 2d DCA agreed with the City.
Not that the City should win its appeal.

46 N. Washington Blvd, Suite 7, Sarasota, FL 34236      Phone (941) 681-8700

Hiring an attorney is an important decision that should not be based solely upon advertisements. Before you decide, ask and I will send you free written information about my qualifications and experience. Additionally, the comments, statements and articles contained herein are general in nature and should not be relied upon as a basis for any legal opinion, action or conclusion on the part of the reader with respect to any particular set of facts or circumstances, or to establish an attorney-client relationship between us.