Jorg Busse, Plaintiff

P.O. Box 1126

Naples, FL 34106-1126
239-595-7074

Tuesday, March 27, 2007

CERTIFIED DELIVERY
Lee County Government
Department of Community Development; Zoning
ATTN: A. Mead, Boat Dock Permit Representative
1500 Monroe Street
Fort Myers, FL 33901
AMead@LeeGov.com
Fax to 479-8144 on March 27, 2007, PM.

RE: Your Denial of my Boat Dock Permit Application for Cayo Costa Island Lot

15 A, PB 3, PG 25 [P.I. Number 12-44-20-01-00015.015A];

Our Conversations on Tuesday, March 27, 2007, 4:15 PM, and on Friday,

March 23, 2007.

Dear Mr. Mead:

1. Thank you for our conversations regarding my Boat Dock Permit Application for the

above Lot 15 A on Cayo Costa Island, Lee County, Florida. Again, you categorically

denied my Application. Repeatedly, you stated that you were “confused”, and

unfamiliar with accretion and the Plat of Cayo Costa.

2. Again please note that Lee County and its Board of Commissioners referred to

‘accreted lands’ on Cayo Costa Island pertaining to the following Island properties:
 12-44-20-01-00013.0020; 12-44-20-01-00013.0030; 12-44-20-01-00014.0010;

12-44-20-01-00014.0070; 12-44-20-01-00014.0140; 12-44-20-01-00015.0060;

12-44-20-01-00015.010A; 12-44-20-01-00015.0160; 12-44-20-01-00015.0180;

12-44-20-01-00015.018A; 12-44-20-01-00015.0220; 12-44-20-01-00015.034A;

12-44-20-01-00016.0030; 12-44-20-01-00016.0070; 12-44-20-01-00016.0120;

12-44-20-01-00016.0140; 12-44-20-01-00016.0170; 12-44-20-01-00016.0210;

12-44-20-01-00016.0220; 12-44-20-01-00042.038A.

3. Lee County’s alleged own interest in accreted lands, its interest “in those certain

lands which have accreted to the above described lots, said lots being located within

that certain subdivision known as Second Revised Plat of Cayo Costa, according to

the map or plat thereof filed and recorded in the Office of the Clerk of the Circuit

Court of Lee County, Florida, in Plat Book 3, Page 25, Public Records of Lee

County, Florida”, can be found in Official Record 2967, Pages 1084, 1085, and

1086.

4. Fla. Admin. Code: The provisions of Fla. Admin. Code Rule are not to be

implemented so as to interfere with traditional common law and statutory riparian

rights of upland property owners adjacent to sovereignty lands. Evaluation and

determination of a riparian right of ingress and egress for private residential dock

slips are based upon the number of linear feet of riparian shoreline. Private

residential docks complying with all provisions of the standards and criteria of
 docking facilities, as listed in Fla. Admin. Code Rule 18-20.004(5) are deemed to

satisfy the public interest requirement of Fla. Admin. Code Rule 18-20.004(1)(b).

Consequently, Lee County is interfering with my riparian rights.

5. In light of Lee County’s claimed interest(s) in the above Cayo Costa Island

properties, your denial of my Boat Dock Permit and your “confusion” appear

arbitrary, oppressive, and discriminatory.

Riparian rights include the rights to accretion, ingress and egress, boating, bathing,

and fishing. Deprivations of riparian rights are unconstitutional, and deprivations of

riparian rights are an unconstitutional taking.

6. Relief from an agency action obstructing riparian rights may be brought in the form

of a taking or inverse condemnation action in circuit court. Fla. Stat. § 253.763.

7. My riparian property, Lot 15 A, on Cayo Costa Island is “land-locked” and

surrounded by Lots 12A and 11A to the North, Lot 14A to the East, Lots 13A, and

10A to the North-East, Lots 17A, 18A, 21A, 22A, 25A, 26A, 29A, 30A, and 33A to

the South-East, and Lots 16A, 19A, and 20A to the South. As per the Lee County

Property Appraiser, the alleged Owner of Record of these Lots within Block 15 is

Defendant “TITF/REC + PARKS, Cayo Costa State Park, Department of

Environmental Protection”.
8. While Lee County appears to acknowledge and recognize TITF/REC + PARKS,

Cayo Costa State Park, Department of Environmental Protection’s riparian rights,

Lee County appears to obstruct my riparian rights.

9. Florida’s law is clear that riparian rights cannot be severed from riparian uplands

absent an agreement with the riparian owner, not even by the power of eminent

domain.

10. The Fourteenth Amendment of the United States Constitution reads: “… nor shall

any state deprive any person of life, liberty, or property, without due process of law

…”, and it requires that the government provide for fair and equitable treatment in

the application of the regulations to the property.

11. In light of the above pertinent rules and information, perhaps you would like to

re-evaluate the issues and facts. Absent any settlement and/or resolution, we

will need to seek relief from your obstruction of my riparian rights in the

Courts.

Respectfully submitted this 27th day of March, 2007,

S /Jorg Busse/
Plaintiff Riparian Landowner and Boat Dock Applicant

239-595-7074

CC: Lee County Attorney, Hon. David Owen

Circuit Court; Honorable Charlie Green, Clerk of the Court of Lee County, Florida

United States District Court

Lewis, Longman & Walker, P.A., Attorneys at Law

Savlov & Anderson, Attorneys at Law

Bryant, Miller & Olive, Attorneys at Law