Cargo law may violate property rights
FORT PIERCE — A citywide ordinance limiting the height of cargo containers to no more than 30 feet could be violating the property rights of the owner of the Port of Fort Pierce.
The city's Code Enforcement Board found King Maritime Group, owner of the Port of Fort Pierce, which does business as Indian River Terminal, in violation of the ordinance at a Feb. 13 hearing.
Indian River Terminal was stacking cargo containers four high and has 30 days to remedy the violation or it could face a $250-a-day fine.
Attorney John Little of Brigham Moore LLP, who represents King Maritime Group, said he would challenge the fairness of the city rule in circuit court.
The city adopted the ordinance Oct. 15 restricting cargo containers to no more than three high or 30 feet. Prior to the ordinance, there were no height restrictions on cargo containers, Little said. At the time the law was passed, Indian River Terminal was stacking cargo containers to a height of four high.
Because the company was there before the law, the city's code allows "non-conforming" uses to continue, Little said.
"In an effort to avoid or minimize property rights claims when a new ordinance goes into effect, many governments have established grandfather provisions in their codes to allow that non-conforming use to continue," Little said. "Here, the city failed to follow its code and is forcing the owner into further litigation in order to protect their property rights. "
Excerpted from TCPalm, Feb. 28, 2008
Full article by Alexi Howk