Article Courtesy of The Ledger
By John Chambliss
Published January 2, 2016
BARTOW — An appeals court today ruled in favor of a homeowners association in a
dispute over whether an airboat company can conduct tours on Lake Hamilton.
The ruling means the Lake Hamilton Lakeshore Owners Association can move forward
with its nuisance complaint over excessive noise on the lake by Captain Fred's
Airboat Nature Tours.
Doug Lockwood, a lawyer for the
homeowners, said today he was pleased with the ruling.
"At least now we have a shot," Lockwood said.
The unanimous decision by a three-judge panel of the
Lakeland-based 2nd District Court of Appeal overturns a
September 2014, decision by Circuit Judge John Radabaugh.
Radabaugh ruled that he didn't intend to interfere with the
Florida Fish and Wildlife Conservation Commission's authority.
He wrote that the airboats cannot be a nuisance because they
were authorized by law. |
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But Appellate Judge Daryl Casanueva disagreed and he was joined by judges
Douglas Wallace and Samuel Salario.
Casanueva wrote there can still be a nuisance despite the fact it is legal to
operate the airboats.
"The legislative scheme does not reflect a strong public policy rationale to
deprive a citizen of their right to avail themselves of a remedy for nuisance,"
wrote Casanueva.
Homeowners have pushed to regulate airboats on Lake Hamilton since 2012. The
Town Council ruled in November 2012, that it couldn't regulate airboats because
the lakes were controlled by the state.
Lockwood, who said he represents dozens of homeowners, picked up the case soon
afterward. He said now his side will present evidence and witnesses, such as a
noise expert, to determine that the airboats are a nuisance. |