Fuller v. Town of Magnolia Springs

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Lowell and Deborah Fuller, and Ronald Sheila Turner, appealed a circuit court judgment that found that although the Town of Magnolia Springs held no riparian rights in or to the Magnolia River, the Town was entitled to construct improvements on the shores and to construct a boat launch, dock and/or pier to be used in connection with "Rock Landing," a public landing on the River, and that Rock Street (a public street adjoining land owned by the Fullers and Turners) could be used as temporary parking for the purpose of launching a boat or other float at Rock Landing. The Town cross-appealed that portion of the judgment which declared that the Town held no authority to convert a portion of Rock Street from a public street to a parking facility and recreational area. The Supreme Court, after its review, concluded that the trial court's findings of fact and conclusions of law were contradictory to the remedy it ultimately fashioned. Because of this contradiction, the Supreme Court reversed the trial court's judgment and remanded the case for revision of either the conclusion of law or the relief ordered. With regard to the Town's cross appeal, the Court found that because the issue of parking along Rock Street directly related to the issues on appeal, it too should have been reconsidered. View "Fuller v. Town of Magnolia Springs " on Justia Law