Laserfiche WebLink
20. The Scotts continue to cause a trespass on the Property by using and maintaining <br /> the two structures without authorization from the Board. <br /> 21. The continual unauthorized use and physical occupation of the Property by the <br /> Scotts constitutes forcible,direct,and unlawful entry upon said property. <br /> 22. The Scotts are not and have never been authorized or allowed such trespasses and <br /> have been informed of the same. Notice by posted sign was provided on February 23, 2009. <br /> 23. The Scotts continued trespass interferes with the Board's property rights and <br /> causes the Board to suffer damages, causes damage to state lands, plants, and wildlife. and is <br /> destructive to benthic communities on the Board's land. <br /> 24. The Scotts continual trespasses on the Property impairs and impedes the public's <br /> use and enjoyment of said property,which is constitutionally mandated to be held in trust for <br /> such public purpose. Art.X, §11,Fla. Const. <br /> PRAYER FOR RELIEF <br /> WHEREFORE,the Board respectfully request that this Court: <br /> A. Permanently enjoin the Scotts from further trespass on the Property, including <br /> requiring the Scotts to remove the entirety of the structure and other materials and <br /> personal property that are causing the trespass upon the Board's property; <br /> B. Impose and compel payment for compensatory damages for damage to state property, <br /> the waters.of the state, the natural resources of the state, and interference with the <br /> ordinary use of the property by the owners and the public, including payment of any <br /> costs incurred by the Board if the Scotts fail to remove the entirety of the structure <br /> and other materials and personal property from the Property, and the Board must <br /> undertake said removal; <br /> Page 4 of 6 <br /> 125 <br />