St. Augustine commission approves settlement allowing dock application, requires permits and license

The St. Augustine City Commission voted 4-0 on Oct. 27 to approve a proposed settlement in a quiet-title lawsuit that could allow a private property owner to seek permits for a new long dock over submerged land in Hospital Creek.

The settlement would resolve case number CA05-0186, filed by plaintiff Craig Marlow against the City of St. Augustine, by dismissing the lawsuit with prejudice and granting the city a full release from quiet-title claims in exchange for the plaintiff’s agreement to pursue a new dock application and comply with permitting requirements from the Planning and Zoning Board and the Florida Department of Environmental Protection. If the plaintiff secures required permits and the permitted dock is located as specified in the agreement, the city would issue a written license authorizing the structure on the city’s submerged land.

Outside counsel Michael Cavendish presented the settlement outline in the open meeting and recommended approval. “In my professional opinion as your counsel, I recommend the city accepts the settlement,” Cavendish said. City Attorney Isabel Lopez introduced Cavendish’s presentation to the commission.

Cavendish described the disputed area as a stretch of shoreline and submerged land in Hospital Creek, south of the Vilano Causeway Bridge, in the Magnolia and Miramar neighborhood. Under the agreement the allowable location for a private dock would be defined by projecting the north and south lines of East San Carlos Avenue waterward into Hospital Creek. The draft settlement would bar the proposed dock from touching or interfering with a parcel the city recently purchased from a private party identified in the record as Van Dyke, and it would require the plaintiff to avoid interfering with neighboring private docks to the south.

The city will not pay any cash as part of the settlement, and the order of events described by counsel is: the plaintiff signs the agreement and dismisses the case with prejudice; the plaintiff files a dock permit application with the appropriate regulatory agencies; if the permit is granted and the permitted dock is located per the agreement, the city issues a written license for the dock on the city’s submerged land.

Commissioners approved the motion to accept the settlement by roll call vote: Commissioner John DePrater, Mayor Nancy Sykes Klein, Commissioner Cynthia Garris and Vice Mayor Barbara Blonder voted yes. Commissioner Jim Springfield was recorded as absent.

The discussion in the public meeting was limited to the settlement presentation and the subsequent motion; the city had recessed earlier for a closed (shade) session to receive legal advice about the pending litigation. The commission estimated the shade session would last approximately 20 minutes before reconvening in the sunshine to consider the settlement.

Next steps required by the settlement are procedural and contingent on the plaintiff securing permits from the Planning and Zoning Board and the Florida Department of Environmental Protection; issuance of the city license is tied to successful permit approval and the dock’s final permitted design and location.