Nation

U.S. Supreme Court

Floating home or vessel? South Florida man’s case going before U.S. Supreme Court

 

U.S. Supreme Court will hear a S. Fla. case whose outcome will have wide implications for those who live and work on the water.

Similar stories:

icordle@MiamiHerald.com

Lozman decided to challenge that decision in state court, arguing the meeting violated state open-government laws. That’s when the trouble began.

Lozman claims he was followed and harassed, his truck tampered with and damaged. He started showing up at city council meetings, where he got thrown out regularly and was even arrested a few times. The local politicians considered him a nuisance; other people saw him as a crusader.

Then the city served an eviction notice, contending that Lozman’s 10-pound dachshund, Lady, was a dangerous dog and that he used unlicensed repair workers at his home. The city argued at the time that he was on a month-to-month lease that could be terminated under state landlord-tenant law.

But there is no mention of the structure as a vessel — yet.

Lozman fought the eviction in court and won, with a jury finding in March 2007 that the eviction amounted to retaliation. Meanwhile, the marina redevelopment plan was shelved, only to be replaced by a scaled-down version that didn’t include use of eminent domain powers. Lozman fought that plan, too.

The city decided to change the rules at the marina, telling Lozman in 2009 his right to stay there would be revoked unless he got the structure registered as a vessel and that it had to be self-propelled, which Lozman said was impossible.

In 2009, after turning off Lozman’s electricity and ignoring a state judge’s order to turn it back on, the city went to federal court and for the first time sought to use U.S. maritime law to impose a lien on the structure as a vessel, not a house. The floating home would have been protected from seizure under state law. But a judge sided with the city, so the structure was seized, then bought by Riviera Beach at a U.S. Marshal’s auction for $4,100 and later destroyed.

Lozman said if he wins the case, he will return to living in a floating home in Riviera Beach.

“There is no reason to federalize state tenant-landlord law,” he said. “It’s working fine as it is.”

Information from The Associated Press is included in this report.

Read more Nation stories from the Miami Herald

  •  

Kaitlyn Hunt, a senior at Sebastian River High School in Indian River County.

    INDIAN RIVER COUNTY

    Lesbian, 18, faces 15 years in prison for sex with classmate, 14

    An 18-year-old lesbian faces 15 years in prison for having sex with a 14-year-old high school classmate.

  •  

A resident who did not want to give his name, searches through the rubble of his mobile home in the Steelman Estates Mobile Home Park, destroyed by Sunday's tornado, near Shawnee, Okla., Monday, May 20, 2013. The tornado that slammed into Oklahoma on Sunday is now blamed for two deaths. Authorities say two men in their 70s have been found dead in or near a mobile home park outside of Shawnee.

    Huge tornado hits Oklahoma City suburb, kills 51

    A monstrous tornado at least a half-mile wide roared through the Oklahoma City suburbs Monday, flattening entire neighborhoods and destroying an elementary school with a direct blow as children and teachers huddled against winds up to 200 mph. At least 51 people were killed, including at least 20 children, and officials said the death toll was expected to rise.

  •  

People survey damage from a tornado that hit Edmond, Okla., on Sunday, May 19, 2013. A powerful storm system rumbled through the Plains and upper Midwest on Sunday, spawning tornadoes that damaged roofs and structures near Oklahoma City and kicked up debris in Wichita, Kan.

    Search for survivors begins in OKC suburb

    A mix of volunteers and first responders are combing through debris in an Oklahoma City suburb looking for survivors.

Miami Herald

Join the
Discussion

The Miami Herald is pleased to provide this opportunity to share information, experiences and observations about what's in the news. Some of the comments may be reprinted elsewhere on the site or in the newspaper. We encourage lively, open debate on the issues of the day, and ask that you refrain from profanity, hate speech, personal comments and remarks that are off point. Thank you for taking the time to offer your thoughts.

The Miami Herald uses Facebook's commenting system. You need to log in with a Facebook account in order to comment. If you have questions about commenting with your Facebook account, click here.

Have a news tip? You can send it anonymously. Click here to send us your tip - or - consider joining the Public Insight Network and become a source for The Miami Herald and el Nuevo Herald.

Hide Comments

This affects comments on all stories.

Cancel OK

  • Videos

  • Quick Job Search

Enter Keyword(s) Enter City Select a State Select a Category