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Home » Why Florida cities are in the Turf War over small lands
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Why Florida cities are in the Turf War over small lands

adminBy adminApril 14, 2025No Comments8 Mins Read0 Views
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Fort Lauderdale – To ordinary observers, the quiet spot known as Abreu Place may look like a small park dotted with shaded trees and located between two riverside homes in Rio Vista.

However, Fort Lauderdale says that the patch of land on the south side of New River is not a park, but a boulevard dedicated to the city more than a century ago.

Just a third of the acres of parcels are at the heart of a controversial legal battle between Fort Lauderdale and the property owners living on either side.

The lawsuit filed in Broward Circuit Court on March 26th alleges that the three plaintiffs are the legitimate owners of the land at 899 N. Rio Vista Blvd., known as Abreu Place.

Real estate records show that the land was dedicated to the city in 1922 for use as a boulevard. The dedication included a language that offered to automatically return to the owner of adjacent property, according to the lawsuit, if the land was no longer used as a boulevard.

The plaintiff alleges that the city deliberately waived the highway but refuses to recognize the plaintiff as a legitimate owner.

Plaintiffs Andrew and Lauren Spammer live in a home east of Abreu Place. Plaintiff Colgate Darden IV lives in a house to the west.

Their lawyer, Jordan Shaw, says his client had been in discussion with the city at least a year ago before he finally filed a lawsuit.

Some people are peering into the fence to see his client’s homes and yards, Shaw said.

“There’s noise,” he added. “It’s noisy. It smells. Some people don’t pick up dog poop. Some people pick it up, but throw it on the fence. The park is the home of these people. At one point, the city added benches and dog poop bags and trash cans.

A land with a history

The city has not commented on the pending lawsuit, said Christine Portala, a Fort Lauderdale spokesperson.

However, Portela dealt with the controversy and sent me a note from a former city lawyer claiming the land was a boulevard.

As of Thursday, the Fort Lauderdale legal team has yet to file a response to the lawsuit.

Commissioner Ben Sorensen, who represents the district, told the South Florida Sun Sentinel that the city plans to fight to preserve the land.

“The city is going to vehemently defend its public road rights known as the Abreu Place,” Sorensen said. “As long as I live in the neighborhood, it’s always popular. People walk there, take their dogs and look at the boat. They’re kayaks from there. There’s a long list of people who are upset.”

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In 1995, Abreu Place was named after architect Francis L. Abreu, who left New York in his 20s due to the roaring real estate boom. His style of Spain and recovery can be seen in several homes in Rio Vista, along with the Casablanca Café on the beach and the Riverside Hotel in Las Olas.

The land on which Abreu Place currently stands was owned by Mary Brickell, a leading land owner, until 1920, the lawsuit states. Two years later, the land was dedicated as a public road right to use as a boulevard. The plan was to provide a road to the bridge, which was to cross the new river north. This is a bridge that was never built.

“The property will not be used as a boulevard,” the lawsuit states. “But the city has gone too far on the bridge and now we have decided that the site is a park. Simply put, the park is not a main road.”

A quiet escape

Longtime resident Fred Strasau said losing the land would be a huge loss for both the city and Rio Vista.

As a board member of the Rio Vista Civic Association, Stresau says he was aware of the lawn war between the city on both sides of the Abreu Place and the homeowners.

“The city says it’s a public road,” Stosau said. “The question is whether it’s being used as a park or as a boulevard. Homeowners want to get half of the land back because it was originally carved from the land when the Rio Vista was picked.”

By December 2021, the city had made clear its intention to name the land a park and abandon its devotion to the main street, the lawsuit said. The lawsuit points to the fact that Fort Lauderdale plans to acquire $60,000 improvements from Parks Bond Money, as one of the city-owned parks.

One online review describes Abreu Place as a quiet escape where visitors can relax and connect with nature. Another calls it a carefree, pet-friendly gathering spot with shaded trees, benches and views in downtown.

The bench is gone. According to the lawsuit, they were removed by the city last year in anticipation of the lawsuit.

Popular with dog owners

A recent morning, a woman rose to her feet at Abreu Place in Porsche Cayenne, towed her dog and ran out. While she chatted on the phone, she and her dog walked through the park, slowly making her way towards the new river.

Another woman walking her dog stopped to grab a pet waste bag from a dog waste station at the entrance to the park. Garbage can be seated nearby with public road signs posted by the city.

This states that “chain laws are strictly enforced. Pet waste must be picked up by the owner. There is no need to be shamed or wandering around. Criminal violations of the Local Government Code allow a maximum fine of $500 and 60 days of prison time with a maximum penalty of $500 for a one-time.”

Another sign decorated with painted flowers gives the park the name: Francis L. Abreu Place.

The plaque at the foot of the sign states: “The real estate boom of the 1920s brought the young architect Francis Abreu to Fort Lauderdale. He was the most famous local architect of the time, and was responsible for designing many public and private housing. It is located just west of the park in 1925.”

The late Tom Ansbro, a former city attorney at Fort Lauderdale, defended the use of the city’s land in a memo he wrote last year. The memo was provided by the city and is also included as a litigation display.

“My office has determined that this property has been a high street since its dedication and should not be private property of the adjacent property owner,” he said in a note dated July 3, 2024.

Ansbro added: “When reviewing the use of Abreu Place by people of Rio Vista and others, we found that the area has several park benches, small fences and gates.

The bench was installed and then removed

According to the lawsuit, the city installed standard signs with park rules and time on August 1, 2022. Later the city added benches and dog waste stations, encouraging neighbors to come to Abreu with their pets.

Last year, another lawyer hired by the plaintiff sent the city a warning that the land belonged to property owners on either side of Abreu Place. Soon after, the city began removing park benches and dog waste caddies, the lawsuit says.

The city also removed the park’s rules signs at the request of the city’s law office. A few months later, in July 2024, the city removed all benches, trash bins and most fencing, and later replaced some of the dog waste bags, trash bins and signs.

The lawsuit alleges that the garbage can was replaced on December 13, 2024. The Dog Waste Station was reinstalled on January 10th, 2025, and the rule sign returned on January 30th, 2025.

Land claims to be a park in every sense of the word.

“A reasonable person looking at the property wouldn’t think it’s a highway,” the lawsuit states. “The park doesn’t lead anywhere. When you visit a park, you can’t reach your destination, travel between two points, or travel within the park. On the contrary, the park is your destination.”

On March 8, 2025, the city posted a “broad notice” to prepare for the lawsuit, the lawsuit said.

“This simple indication does not change the fact that the park, which is this land, is not a high avenue and, as a result, no longer belongs to a city,” Suit says. “Therefore, if the city intends to continue using its property as a park, the city must use legal means to acquire such interest in the land. This land will require accusation lawsuit and fair compensation to be paid to the plaintiffs under the US and Florida Constitutions.”



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