Palm Beach County v. Cove Club Investors, Ltd.

734 So.2d 379 (1999)

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Nature of the Case

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Facts

Palm Beach County (D) purchased a residential mobile home lot. The lot was part of Sandalfoot Cove. Each lot owner in the subdivision was required to pay a monthly recreational fee in exchange for the right to use the facilities at Sandalfoot Country Club. All the restrictions contained in the lot’s Declarations including the recreation fee assessment were to run with the land for the duration of the term of the Declaration. The duty to pay these fees was not dependent on the lot owner’s actual use of the facilities. Cove Club Investors (P) filed an inverse condemnation action against D alleging that D took a property right from P without compensation. The lower court found that the Declaration vested P with a property right created a covenant running with the land, and held that D was liable for payment. The Court of Appeals affirmed. The courts distinguished the service contracts in the North Dade Water Co. case and the Ely case. This appeal resulted.