No. 20-6207

Steven Cooper v. Bay County, Florida, et al.

Lower Court: Florida
Docketed: 2020-11-03
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: adverse-possession constitutional-vagueness due-process judicial-review mandamus property-rights statutory-interpretation takings trespass vagueness
Latest Conference: 2021-03-19 (distributed 2 times)
Question Presented (from Petition)

1. Whether the Florida Statute for Adverse Possession without Color of Title section 95.18 is unconstitutionally vague on its face and as applied because it has encouraged arbitrary enforcement in failing to describe with sufficient particularity what an individual must do in order to satisfy the statute.

2. Whether an adverse possessor - while satisfying the statute of limitations of actions holding period - has a right to bring an action in the nature of mandamus to compel a law enforcement officer, governmental agency or employee thereof to perform its ministerial, non discretionary duty owed with respect to its enforcement and adherence to Florida Statute 95.18.

3. Whether expiration of the limitation of actions holding period serves to escheat a new title converting possession to ownership or the right then to adverse possession as declared and affirmed by the lower and district courts.

4. Whether an Adverse Possessor has the right to obtain construction building permits in order to cultivate, maintain, and/or improve the possessed property in a usual manner as required by state statute.

5. Whether it is unconstitutional for a citizen to be arrested for trespass or theft when adversely possessing real property despite Florida Statute 95.18(9) and (10) explaining they only apply when one fails to make the required return.

6. Whether a per curiam "affirmed " decision without opinion or reason provided by a Court of Appeal is unconstitutional.

Question Presented (AI Summary)

Whether the Florida Statute for Adverse Possession without Color of Title section 95.18 is unconstitutionally vague

Docket Entries

2021-03-22
Rehearing DENIED.
2021-02-24
DISTRIBUTED for Conference of 3/19/2021.
2021-02-05
Petition for Rehearing filed.
2021-01-11
Petition DENIED.
2020-12-17
DISTRIBUTED for Conference of 1/8/2021.
2020-12-03
Waiver of right of respondent Bay County Sheriff's Office to respond filed.
2020-08-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 3, 2020)

Attorneys

Bay County Sheriff's Office
R. Waylon ThompsonOffice of the General Counsel, Bay County Sheriff's Offce, Respondent
Steven Cooper
Steven Cooper — Petitioner