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Monroe commissioners pause Wisteria Island pursuit pending appeals court outcome

5540352 · February 19, 2025
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Summary

After public comment from FEB Corp., the board directed staff to wait for the federal appeals process to conclude before deciding whether to apply under the Federal Recreation and Public Purposes Act to acquire Wisteria Island and surrounding submerged lands.

The Monroe County Board of County Commissioners on Wednesday revisited proposals to submit an application under the Federal Recreation and Public Purposes Act to acquire Wisteria Island and surrounding submerged lands from the federal government.

County staff outlined three options: take no action, keep the matter dormant while appeals play out, or move forward now with an application (alone or with the City of Key West). Public comment came from Bruce Rogo representing FEB Corp., a private claimant in long‑running litigation over title to the island. Rogo urged the county to wait until the U.S. Court of Appeals for the Eleventh Circuit resolves pending briefs and oral argument; he predicted the appeals court could issue a final decision within six months.

Commission discussion echoed that advice. Commissioners said the litigation has been ongoing for more than two decades and the board had earlier given unanimous direction to pursue acquisition three years earlier; however, most members concluded they should await finality in the federal litigation before taking formal steps. County staff noted the federal government had sought to restart a transfer process late in the prior administration and that the Navy had additionally raised timing questions.

By consensus, the board directed staff to pause active pursuit and monitor the appeals timetable rather than submit an application now.

No formal application was filed at the meeting; the county will revisit the item if the appeals process results in a final, clear title determination or if other developments change the legal landscape.