Opinion

Grames v. Sarasota County, Florida

Court
District Court, M.D. Florida
Filed
Jan 11, 2021
Cited by
0 cases
Authority
More cited than 19.8%

The opinion

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

TAMPA DIVISION

WILLIAM GRAMES, BROOKE

GRAMES, CRAIG B. DICKIE, CYNTHIA

D. DICKIE, JUDY H. JOHNSON, JAMES

KOSTAN, DIANE KOSTAN, PATRICK J.

LOYET and LISA A. LOYET,

Plaintiffs,

v. Case No: 8:20-cv-739-T-36CPT

SARASOTA COUNTY, FLORIDA, ANN

D. BEGEMAN, PATRICK J. FUCHS,

MARTIN J. OBERMAN and SURFACE

TRANSPORTATION BOARD,

Defendants.

___________________________________/

ORDER

This matter comes before the Court on the Federal Defendants’ Motion to

Dismiss Plaintiffs’ Complaint and Memorandum in Support (Doc. 48). In the motion,

Defendants Ann D. Begeman, Patrick D. Fuchs, Martin J. Oberman, and the Surface

Transportation Board (collectively “Federal Defendants”) argue Plaintiffs’ Complaint

should be dismissed for lack of subject matter jurisdiction. The Federal Defendants

seek dismissal with prejudice of the claims against them in Counts I and II of Plaintiffs’

Complaint. Plaintiffs filed a response in opposition (Doc. 72). A hearing on the motion

was held January 5, 2021. The Court, having considered the motion, heard argument

of counsel, and being fully advised in the premises will grant the Federal Defendants’

Motion to Dismiss Plaintiffs’ Complaint and permit Plaintiffs leave to amend their

Quiet Title Act claim in Count II.

I. BACKGROUND1

This is a rails-to-trails case concerning a 7.68-mile line of railroad in Sarasota

County, Florida that extended the Legacy Trail between Sarasota and Venice. The

Legacy Trail is a public recreational trail and a rail-trail corridor easement the federal

government “railbanked” under the National Trails System Act.2 Plaintiffs, William

and Brooke Grames, Craig B. and Cynthia D. Dickie, Judy H. Johnson, James and

Diane Kostan, and Patricia J. and Lisa A. Loyet, (collectively “Plaintiffs”) are Florida

landowners who seek a declaration of the respective rights to their property and to

enjoin Sarasota County from removing or demolishing their private property in order

to build the northern extension of the Legacy Trail. In this putative class action,

Plaintiffs sue, on behalf of themselves and all others similarly situated, the Federal

Defendants and Sarasota County, Florida, in a six-count Complaint for declaratory

relief, quiet title, injunctive relief, just compensation under the Fifth Amendment of

the United States Constitution, damages under the Uniform Relocation Act, and

compensation under Article X, Section 6 of the Florida Constitution. Doc. 1

1 The following statement of facts is derived from Plaintiffs’ Complaint (Doc. 1), the

allegations of which the Court must accept as true in ruling on the instant Motion to Dismiss.

Linder v. Portocarrero, 963 F.2d 332, 334 (11th Cir. 1992); Quality Foods de Centro Am., S.A. v.

Latin Am. Agribusiness Dev. Corp. S.A., 711 F.2d 989, 994 (11th Cir. 1983).

2 “The National Trails System Act Amendments of 1983 (Amendments), Pub. L. 98-11, 97

Stat. 48, to the National Trails System Act (Trails Act), Pub. L. 90-543, 82 Stat. 919 (codified,

as amended, at 16 U.S.C. § 1241 et seq.), is the culmination of congressional efforts to preserve

shrinking rail trackage by converting unused rights-of-way to recreational trails.” Preseault v.

I.C.C., 494 U.S. 1, 5 (1990).

Plaintiffs’ unconventional Complaint begins with a six-page explanation in

unnumbered paragraphs summarizing the case facts, history of the property

easements, and recitation of caselaw regarding Fifth Amendment takings, contrary to

the federal rules of pleading. Doc. 1 at 1–6. In the background allegations, Plaintiffs

allege that in the early 1900s much of the land now known as Sarasota County was

owned by Bertha Palmer and members of her family, including her son Adrian

Honore. Doc. 1, ¶ 9. In November 1910, Adrian Honore, the predecessor-in-interest

to present-day landowners, granted Seaboard Air Line Railway a right-of-way

easement across his land allowing Seaboard to build and operate a railway line from

Sarasota to Venice. Id. ¶ 11. The easement provided if at any time the railroad

abandoned the land for railroad purposes, the property would revert to Honore, his

heirs or assigns. Id. The right-of-way easement Honore gave Seaboard ultimately was

transferred to CSX Transportation (“CSXT”), which leased the railway line to

Seminole Gulf Railway, L.P. (“Seminole Gulf”). Id. ¶ 15.

By 2002 CSXT and Seminole Gulf no longer operated a railroad over the land,

nor had any need for the right-of-way. Id. ¶ 116. In March 2019, Seminole Gulf

requested the Surface Transportation Board (“the Board”) allow it to abandon the

7.68-mile segment of rail line between Sarasota and Venice. Id. ¶ 17. According to

Seminole Gulf, no local or overhead traffic had moved over the line since prior to

2007. Id. ¶ 18. After the railroads told the Board they wanted to abandon the railway

line, Sarasota County asked the Board to invoke section 8(d) of the Trails Act and

authorize Seminole Gulf and CSXT to transfer the otherwise abandoned right-of-way

to Sarasota County so that Sarasota County could build a public recreational trail

across these owners’ land. Id. ¶ 20. Plaintiffs allege that Seminole Gulf and CSXT had

no right to transfer or sell any interest the railroads had in the land, unless transferring

to another railroad. Id. ¶ 21.

In May 2019, the Board issued an order called a Notice of Interim Trail Use

(“NITU”) invoking section 8(d) of the Trails Act, which provided that use of the right-

of-way for trail purposes was to be subject to a possible future reconstruction and

reactivation of the right-of-way for rail service (“railbanking”). Id. ¶ 22. This same

Seaboard railroad right-of-way was subject to prior Trails Act litigation in the Court

of Federal Claims and involved the southern section of the Legacy Trail. Id. ¶ 24.

The owners of the land taken for the northern extension – which is the subject

of this litigation – have also instituted litigation in the Court of Federal Claims, see

4023 Sawyer Road I, LLC v. United States. Id. ¶ 25. Because the Court of Federal Claims

has no jurisdiction over Sarasota County and can only award monetary damages, not

injunctive relief, Plaintiffs filed the instant action in this Court. Id. ¶ 26.

In apparent reliance on the Board’s invoking section 8(d), Sarasota County sent

almost 300 landowners letters claiming their existing improvements, including pools,

septic fields, fences, sheds, and other structures, encroached upon property claimed by

Sarasota County for purposes of the recreational trail. Id. ¶ 27. Sarasota County,

among others, claims that the Board retains jurisdiction over the rail-trial corridor, but

that the Board has authorized Sarasota County to construct and operate a public

recreational trail across Plaintiffs’ land. Id. ¶ 28. Sarasota County adopted a public

bond to fund the cost, but such funds did not include compensating the owners for

their land that was taken for the Legacy Trail. Id. ¶ 29. While compensation for private

land takings for the Legacy Trail should be paid by the federal government, Plaintiffs

allege that Sarasota County must compensate the landowners for any interest it takes

that is greater than the interest taken by the Board. Id. ¶ 29.

Relevant to the instant motion, Plaintiffs sue the Federal Defendants in Counts

I and II. Count I seeks a judgment declaring “the rights and other legal relations” of

the Sarasota landowner Plaintiffs and the federal government Surface Transportation

Board regarding these owners’ private property, specifying the physical dimensions of

the rail-trail right-of-way easement established under the federal Trails Act, and

specifying Sarasota County’s right to use this land. Doc. 1, ¶ 110. Plaintiffs allege that

a controversy has arisen between the Plaintiff landowners and Sarasota County

together with the Federal Defendants as to the rights and status of the parties. Id. ¶ 95.

On May 14, 2019, the Federal Defendants invoked Section 8(d) of the Trails

Act and took property from Plaintiffs by encumbering their land with an easement for

recreation and railbanking.3 Doc. 1, ¶ 96. As a result, the federal government became

obligated to pay the Plaintiff landowners. Id. ¶ 99. Plaintiffs allege that the Federal

Defendants’ invocation of section 8(d) of the Federal Trails Act granted Sarasota

County the right to use Plaintiffs’ land for a public recreational trail and the

3 “Section 8(d) of the amended Trails Act provides that interim trail use ‘shall not be treated,

for any purposes of any law or rule of law, as an abandonment of the use of such rights-of-

way for railroad purposes.’” Preseault, 494 U.S. at 8 (quoting16 U.S.C. § 1247(d)).

responsibility to maintain the corridor for a possible future railroad line. Id. ¶ 102.

Plaintiffs claim that although Sarasota County has the power of eminent domain to

take private property without an owner’s consent, Sarasota County is relying upon

whatever authority it received by reason of the Federal Defendants’ invocation of

section 8(d) of the federal Trail Act. Id. ¶ 105. Plaintiffs assert that Sarasota County

has demanded, without citing any authority to do so, that the putative class members

remove improvements and structures from their private property for purposes of the

recreational trail. Id. ¶ 106. By their declaratory judgment action, Plaintiffs seek a

declaration of the parties’ rights and other legal relations regarding the owners’ private

property, and specifically the extent of Sarasota County’s right to use their land. Id. ¶

110.

In Count II of Plaintiffs’ Complaint, which consists of only three paragraphs

and does not incorporate any of the background allegations, Plaintiffs sue all

Defendants in a claim brought under the Quiet Title Act, 28 U.S.C. § 2409a. Id. ¶ 111.

In pertinent part, § 2409a provides that the “United States may be named as a party

defendant in a civil action under this section to adjudicate a disputed title to real

property in which the United States claims an interest . . . .” 28 U.S.C. § 2409a(a).

Plaintiffs allege the new rail-trail easement the federal government imposed across the

Plaintiffs’ property clouds and impairs the landowners’ title to their property and takes

property interests from them. Doc. 1, ¶ 112. Plaintiffs request the Court resolve the

matter and quiet title to these owners’ land and hold that Sarasota County does not

possess the authority to demand that these owners remove or demolish improvements

on their property. Id. ¶ 113. Federal Defendants move to dismiss with prejudice all

claims against them for lack of subject matter jurisdiction. Doc. 48.

II. LEGAL STANDARD

A motion to dismiss under Federal Rule of Civil Procedure 12(b)(1) challenges

the court’s subject matter jurisdiction; Rule 12(b)(1) permits a facial or factual attack.

McElmurray v. Consol. Gov’t of Augusta–Richmond Cty., 501 F.3d 1244, 1251 (11th Cir.

2007). On a Rule 12(b)(1) facial attack, the court evaluates whether the plaintiff “has

sufficiently alleged a basis of subject matter jurisdiction” in the complaint and employs

standards similar to those governing Rule 12(b)(6) review. Houston v. Marod

Supermarkets, Inc., 733 F.3d 1323, 1335 (11th Cir. 2013). A Rule 12(b)(1) factual attack,

however, “challenge[s] the existence of subject matter jurisdiction in fact, irrespective

of the pleadings, and matters outside the pleadings, such as testimony and affidavits,

are considered.” Lawrence v. Dunbar, 919 F.2d 1525, 1529 (11th Cir. 1990) (citation

and internal quotation marks omitted). When the attack is factual, “the trial court is

free to weigh the evidence and satisfy itself as to the existence of its power to hear the

case.” Id. Therefore, “no presumptive truthfulness attaches to [the] plaintiff’s

allegations, and the existence of disputed material facts will not preclude the trial court

from evaluating for itself the merits of jurisdictional claims.” Id.

III. DISCUSSION

In their motion to dismiss, the Federal Defendants argue this Court lacks subject

matter jurisdiction over them because the United States has not waived its immunity

to a declaratory judgment claim. Rather, the Quiet Title Act, 28 U.S.C. § 2409a,

provides the exclusive means to dispute real property where the United States is a

defendant.4 At the hearing and in their opposition brief, Plaintiffs treated the

declaratory judgment and Quiet Title actions interchangeably. The Eleventh Circuit

has explicitly stated, however, that the Quiet Title Act “provide[s] the exclusive means

by which adverse claimants [can] challenge the United States’ title to real property.”

F.E.B. Corp. v. United States, 818 F.3d 681, 685 (11th Cir. 2016) (quoting Block v. N.

Dakota ex rel. Bd. of Univ. & Sch. Lands, 461 U.S. 273, 286 (1983)). Plaintiffs fail to offer

any authority to support their contention that the United States has waived sovereign

immunity as to Count I. Accordingly, Plaintiffs’ claim for declaratory relief in Count

I is due to be dismissed with prejudice as to the Federal Defendants.

Regarding Count II, the Federal Defendants argue Plaintiffs have not

adequately pleaded any adverse interest with particularity as required by the express

terms of the Quiet Title Act and therefore have not met their burden to show a waiver

of sovereign immunity. The Quiet Title Act provides a limited waiver of sovereign

immunity of the United States for the purposes of determining title to disputed

property. See 28 U.S.C. § 2409a(a); Block, 461 U.S. at 276. To invoke the Quiet Title

Act, a plaintiff must show the existence of a dispute “concerning the quality of title

4 In their motion, the Federal Defendants also argue that in the event the Quiet Title action

survives, the United States of America should be substituted as the properly named defendant

in lieu of the Board and individual Board members. Doc. 48 at 25. In their response to the

motion, Plaintiffs do not oppose naming the United States of America as Defendant. Doc. 72

at 20, n.18.

between the plaintiff and the United States.” McMaster v. United States, 177 F.3d 936,

939 (11th Cir. 1999). In particular, the Act requires a complaint to “set forth with

particularity the nature of the right, title, or interest which the plaintiff claims in the

real property, the circumstances under which it was acquired, and the right, title, or

interest claimed by the United States.” 28 U.S.C. § 2409a(d). Plaintiffs’ allegations fall

short. As a preliminary matter, Count II consists of only three paragraphs. The general

background allegations were not incorporated into Count II and therefore may not be

considered in response to the motion. For that reason alone, the motion is due to be

granted.

But even if the Court were to consider the background facts as alleged by

Plaintiffs, the allegations still fail to identify with particularity the right, title or real

property interest claimed by the United States. The Court agrees with the Federal

Defendants that Plaintiffs’ claim that their titles are “clouded” does not satisfy the

specific pleadings requirements of § 2409a(d) and is too vague to establish a waiver of

sovereign immunity. The Federal Defendants cite to several opinions finding that the

trail sponsor (Sarasota County here), and not the United States, holds the interest in

the property. Doc. 48 at 19. Given the paucity of Plaintiffs’ allegations in Count II, it

is wholly unclear what, if any, interest Plaintiffs claim the United States holds in the

subject property. Accordingly, Count II is due to be dismissed. However, because

Quiet Title actions may be brought against the United States pursuant to 28 U.S.C. §

2409a, the Court will permit Plaintiffs the opportunity to amend their complaint to see

if they are able to state such a claim.

Federal Defendants further urge that the United States is not a necessary party

for Plaintiffs’ Quiet Title Act claim or, at the least, Plaintiffs’ claim should be dismissed

as premature because Plaintiffs do not ask the Court to set aside or suspend, or

otherwise challenge, any order of the Board. Thus, the Federal Defendants claim there

is no justiciable controversy between Plaintiffs and the United States. To the extent

that the Federal Defendants contend there must be a challenge to a specific Board

order for a Quiet Title action to be ripe, the Court finds Defendants’ reading of § 2409a

to be too narrow. Notwithstanding, § 2409a permits a civil action to adjudicate a

disputed title to real property in which the United States claims an interest. Plaintiffs

have not identified the dispute vis-a-vis the United States, nor the interest claimed by

the United States.

Accordingly, it is hereby

ORDERED:

1. Federal Defendants’ Motion to Dismiss Plaintiffs’ Complaint and

Memorandum in Support (Doc. 48) is GRANTED.

2. Count I of Plaintiffs’ Complaint is DISMISSED with prejudice as to the

Federal Defendants. Count II of Plaintiffs’ Complaint is DISMISSED without

prejudice, as to the Federal Defendants. Plaintiffs are granted leave to file an

Amended Complaint,5 on or before January 22, 2021.

5 Although the Federal Defendants’ motion only addressed Counts I and II of the Complaint,

Plaintiffs may amend the entire Complaint, as needed, so that it conforms to the pleading

requirements of the Federal Rules of Civil Procedure.

3. Failure to file an Amended Complaint by the deadline will result in

dismissal of Count II, as to the Federal Defendants, without further notice.

DONE AND ORDERED in Tampa, Florida on January 11, 2021.

lene Chara hp TO pl el □

Charlene Edwards Honeywell

United States District Judge

Copies to:

Counsel of Record and Unrepresented Parties, if any

11

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